Annexation 704 acres W of DbqMEMORANDUM
November 24, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
New Date for Public Hearing on Voluntary Annexation
For the voluntary annexation of approximately 704 acres west of Dubuque, including
non-consenting owners, it has recently been discovered that the notification
requirements in the Iowa Code necessitate duplicate mailings by both certified mail and
regular mail to similar lists of interested parties. Although all parties were notified of the
December 1 hearing, they were not notified by both methods. Planning Services
Manager Laura Carstens is recommending that the public hearing for the annexation
scheduled for December 1,2003, be tabled to January 5, 2004 or January 19, 2004, to
allow sufficient time to re-notify all interested parties.
Since there may be interested parties at the December 1, 2003 meeting, the City
Council can choose to accept public comments at that time. The City Council will need
to cladfy for the audience that the official public hearing will be in January 2004, and
that any comments received on December 1, 2003 will not be part of the record. The
City Council also can encourage the public to attend the public hearing in January or
submit written comments if unable to attend.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic?~Millige~
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
MEMORANDUM
November 24, 2003
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager~___.~
SUBJECT: New Date for Public Hearing on Voluntary Annexation
For the voluntary annexation of approximately 704 acres west of Dubuque including
non-consenting owners, I recently discovered that the new notification requirements in
the recently adopted statute and the old notification requirements in the Iowa Code
necessitate duplicate mailings by both certified mail and regular mail to similar lists of
interested parties. A public hearing on this annexation is scheduled for the City
Council's December 1, 2003 meeting.
Although all interested parties were notified, they were not notified by both methods.
Our annexation legal consultant has checked with the staff of the State of Iowa's City
Development Board on this situation. Both the Board staff and our consultant have
concluded that the most appropriate action is to table the public hearing for the
annexation until January, and then re-send the notifications by both methods.
We recommend that the public hearing for the annexation be tabled to either Monday,
January 5, 2004, or Monday, January 19, 2004, to allow us sufficient time to re-notify all
interested parties.
The requested action is for the City Council to move to table the public hearing on the
voluntary annexation to January 5 or January 19, 2004.
Since there may be interested parties at the December 1, 2003 meeting, the City
Council can choose to accept public comments at that time. The City Council will need
to clarify for the audience that the official public hearing will be in January, 2004, and
that any comments received on December 1, 2003 will not be part of the record. The
City Council also can encourage the public to attend the public hearing in January or
submit written comments if unable to attend.
cc Barry Lindahl, Corporation Counsel
Jeanne Schneider, City Clerk
City Manager's Office
City Hall
50 West 13th Street
Dubuque, iowa 52001-4864
(563) 5894110 office
(563) 589-4149 fax
ctymgr@cityofdubuque.org
NOTICE OF PUBLIC HEARING
The Dubuque City Council will hold a public headng on a voluntary annexation request for
approximately 704.5 acres of land that includes non-consenting property owners. The public
bearing will be held:
DATE:
Monday, December I 2003
TIME: 6:30 p.m.
PLACE:
Auditorium. Carnegie Stout Public Library
360 W. 11th Street, Dubuque, Iowa
At the public hearing, all interested parties may present oral and written comments regarding
the proposal.
The request is to voluntarily annex approximately 690 acres of pdvate property, including
approximately 47 acres without the consent of the property owners to comply with State law
to avoid creating an island of unincorporated territory, and approximately 14.5 acres of
adjacent County right-of-way along Middle Road, Seippel Road, Heacock Road and Asbury
Road that currently lie outside a city.
Exhibit A is a map showing the annexation territory in relationship to the City of Dubuque.
City parcel numoers are referenced in Exhibit B and Exhibit C as noted below.
Exhibit B consists of the individual applications of proper~y owners requesting voluntary
annexation. The applications reference the City parcel numbers shown on the map (Exhibit
A).
Exhibit C is a chart that includes the legal descriptions for applications of property owners
,equesting voluntary annexation, for non-consenting property owners, and for adjacent
County right-of-way along Middle Road Seippel Road, deacock Road and Asbury Road
that currently lie outside a city. The char[ references City parcel numoers shown on the map
(Exhibit A).
Additional information is available dudng regular business hours at: Planning Services
Department. City Hall, Second Floor. 50 W. 13th Street, Dubuque. IA 52001, telephone (563)
589-4210. Wdtten comments may be sent to the Planning Services Department at this same
address, by fax at (563) 589-4221 or by e-mail to plannin~C,,cityofdubuque.or,q.
Individuals with limited English proficiency, or vision, hearing or speech impairments requmng
special assistance should contact the Planning Services Department at (563) 589-4210 at least
48 hours prior to the meeting.
CITY OF DUBUQUE: VOLUNTARY ANNEXATION WITH
NON-CONSENTING PROPERTY OWNERS
EXHIBIT A
MAP OF ANNEXATION TERRITORY
City of Asbury 2 - - -
N
[4 Parcels 13a - 13q
............... city water (proposed mains A & B
-- City water (e~[stJng)
-- Ci~ sewer (exis[ing)
City sewer (proposed
co][ec~ors A & B)
............... Callahan sewer collector
(planned)
Asbury city limits
~-- Dubuque city limits
11
City of Dubuque
CITY OF DUBUQUE: VOLUNTARY ANNEXATION WITH
NON-CONSENTING PROPERTY OWNERS
EXHIBIT B
APPLICATIONS FOR VOLUNTARY AN NEXATION
The Honorable Mayor & City Council Members
City of Dubuque
City Hall - 50 W. 13tt~ Street
Dubuque IA 52001
RE: Voluntary Annexation Request
Dear Mayor & City Council Members:
We, Terrence, Martin & Linda Bahl, owners of 42 15 acres of property located
along Asbury Road tegally described as the 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 in Dubuque
County, Iowa, request annexation of this property to the City of Dubuque, Iowa.
This parcel is #1 on the Annexation Exhibit A map enclosed for your information.
Sincerely,
Terrence G. Bahl
..Lind~ C. Bahi
Dated August /~, 2003
l~artin J. Ba/nl
Dated August ~ 2003
Dated August ,/~.~, 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, the members of the Wilfred R. Bahl Family Ltd Partnership with ~ interest and as
individuals with a shared ~ interest, as the owners of 146.86 acres of property located
along Asbury Road, legally described Lot 1-1-1-1-1 W 1/2 NVV Lying S of Road Section
19 T89N R2E;. Lot 2-1-1 $ Lot 2-1 ~E NW Section 19 T89N_ R2E; N1/2 of the NE SW
Section 19 T89N R,?.E; Nl/2 of the NVV SE Section 19 T89N R2E; NW SE Section 24
T89N R1 E; SW SE Section 24 T89N R1 E; W 1/2 SE SE Section 24 T89N Ri E; NE NW
Section 19 T89N R2E in Dubuque County, Iowa, request annexation of this property to
the City of Dubuque, Iowa. This parcel is #2 on the Annexation Exhibit A map enclosed
for your information.
_ Sincerely,
~-....~ilfre~ R'. BAhl, Jr. '-
Ini3Mdual and gene_ral partner
Dated August /3,2003
rrence G. Bahl
Individual and general partner
Dated August /~ , 2003
Vic'l~ BahJ -~
Spouse
Dated August /~., 2003
Indig~u~l dfld general partner
Dated August /--~, 2003
.)ahice Bahl
Spouse
Dated August ~ '~, 2003
Bahl Family Annexation Request
Page 2 of 2
Martin J Ba -
Ind~wdual and general partner
Dated August ,2003
Marie Miller
Individual and general partner
Dated August ! ~, 2003
Lind'a Bahl -
Spouse
e.~August /3,2003
Charles Miller
Spouse
Dated August /.~ , 2003
The Honorable Mayor & City Council Members
City of Dubuque
City Hall- 50 W. 13~ Street
DubuqJe 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 described as the South 112 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 property to the
City of Dubuque, Iowa. This parcel is #3 on the Annexation Exhibit A map
enclosed for your information.
Sincerely,
Eldon J. Bahl
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 Bahl, owners of 10.00 acres of properzy located at 14285
Middle Road. legally described as the East 10 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 #4 on the Annexation Exhibit A map
enclosed for your information.
Sincerely,
ndra Baf~l '
Dated August /2_, 2003
Dated August ] ~,, 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:
I, Marilyn Blake. owner of 37.20 acres of property along Middle Road legally
described as Lot 1 of the SE SE Section 19 T89N R2E in Dubuque County, Iowa,
request annexation of this property to the City of Dubuque, Iowa. This parcel's
#5 on the Annexation Exhibit A map enclosed for your information.
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.
Sincerely,
Marilyn Bl~e
Dated August I ~- , 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 properly to the City of Dubuque, Iowa. This parcel is #6 on the Annexation
Exhibit A map enclosed for your information.
Sincerely,
J~seph
M'ary A. E(ehnke
Dated August //¢, 2003 Dated August J__/~._, 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, Terrence, Martin & Linda Bahl, owners of 99.5 acres of property along
Middle Road, legally described as the NW SE Section 24 T89N R1E; SW SE
Section 24 T89N RIE; W 1/2 SE SE Section 24 T89N R1E in Dubuque County,
iowa, request annexation of this property to the City of Dubuque, iowa. '~his
parcel is #7 on the Annexation Exhibit A map enclosed for your information.
Sincerely,
Terrence G. Bahl
Linda C. Bahl
Dated August /'f'~, 2003
Martin J. Bal'-/'
Dated August /,._~ , 2003
August /_~, 2003
Dated
Cullahan Construction, Inc.
12831 Noble Ridge
Dubuque, Iowa 52002
563-588-4273
June a0, 200~
Honorable Mayor Terry Duggan and Council Members
City of Dubuque
50 West 13a Street
Dubuque, Iowa 52001-4845
Re: Request for Voluntary Annexation
Dear Mr. Mayor Terry Duggan and Council Members:
I am requesting the annexation of property legally described as Lot 1 of the south west ¼ of the
north west ¼ and Lot 2 of the south east ¼ of the north west ¼ ha Section 30, Township 89 North,
Range 2 East of the 5~ p.m. in Dubuque County, Iowa. This application is concurrent with
rezonhag of the above property. The 40 acre parcel east of Seippel Road and north of the
Dubuque Industrial Center West is currently county R-2. I am requesting a change to a
combination of CS Commercial Service and Wholesale District and R-2 Two Family Residential
District
The plat I am proposing for the 40 acre parcel to the east consists of 112 sin~e family affordable
residential lots, 10 commercial lots and 3 acres of land for a park. Phase One of the project
includes 48 residential lots and 10 commercial lots. Phase Two would represent 64 residential
lo~s.
The residential portion of this development is planned for starter homes in the price range of
$100,000.00te $.140,000.00 to serve families in the 85% of median family income bracket.
I feel that th~s development will provide more affordable alternatives and also be attractive to
businesses as housing affects employees that work for them.
The costs associated with the proposed development are substantial and can prevent such
subdivisions from being pursued. Therefore, Callahan Construction, Inc. is respectfully
requesting the Cit~ of Dubuque's assistance and support to facilitate the ~velopmenc
Thank you for your time and considerafiom
Shacerety,
Joel M. Callahan, President
This parcel is #11 on the Annexation Exhibit A map enclosed for your information.
The Honorable Mayor & City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque fA 52001
RE: Voluntary A~nexafion Request
Dear Mayor & City Council Members:
I, Joel Callahan, President, Caltahan Construction Inc., owner of 74.94 acres of
property along Middle Road, legally described as NE NE Section 25 T89N R1E;
Lot 1-1 SE NE Section 25 T89N R1E; Lot2 SE NE Section 25 T89N R1E in
Dubuque County, Iowa, request annexation of this property to the City of
Dubuque, Iowa. 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 Services and Wholesale District
and LI Light Industrial District as shown on the enclosed aerial photo.
Sincerely,
o~han, President
Callahan Conszruction Inc.
Dated August 14 , 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, Charles M. & Marie C. Miller, owners of .286 acres of property along Asbury
Road, legally described as Lot 2 of the SE of the NW Section 19 T89N R2E in
Dubuque County, Iowa, request annexation of this property to the City of
Dubuque, Iowa. Tl~is parcel is #13a on the Annexation'Exhibit A map enclosed
for your information.
~-.~cerety,
Charles M. Miller
Marie C. Miller
Dated August /o~.2003
Dated August ~¢~, 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. 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 ma p enclosed for your information.
Sincerely,
M~chetle M Bahl '
Dated August /~, 2003
Dated August /'~ 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, Mark L. & Amaelia L. Pasker, owners of .80 acre of property along Middle
Road, legatly described as Lot 2 of SE SE Lot 2 Section 19 T89N R2E in
Dubuque County, Iowa, request annexation of this property, to the City of
Dubuque, Iowa. This parcel is #13c on the Annexation Exhibit A map enclosed
for your information.
Sincerely,
Mark L. Pasker
,~maelia L. Pasker
Dated August ~ ~, 2003 Dated August /~ , 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:
We. Francis J & Darlene McDonald, owners of 1.01 acres ~f property along
Middle Road. legally described as Lot 2-1-2 of the NE NE Section 30 T89N R2E
'n Dubuque County, Iowa, request 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. McfConald
Darlene McDonald
Dated August //¢', 2003
Dated August /z/, 2003
Ru~ 13 03 05:07p Plannin~ 31~-588-,~2I
TheHonorable Mayor & City Council Members
City of Dubuque
City Hail - 50 W. 13~ Street
Dubuque IA 52001
RE: Voluntary Annexation Request
Dear Mayor & City Council Members:
W~, 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 R2.E in Dubuque
County, Iowa, request annexation of this property to the City of Dubuque, Iowa.
This parc. e] is #13e on the Annexation Exhibit A map enclosed far your
information,
Sincerely,
Kimmi¢ Heins
Dated August .../.,~, 2003
Dated August /_-~ , 2003
The Honorable Mayor & City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
AUG ! 8 2OO3
__ PLANNING SERVICES DEPAITfMEI~'
RE: Voluntary Annexation Request
Dear Mayor & City Council Members:
We, Douglas M. & Dianne M. Fdtsch, owners of 0.40 acre of property along
Middle Road, legally described as Lot 1 of the N E NE Section 3o T89N R2E and
Lot 2-1-1-2 of the NE NE Section 30 T89N R2.E 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 enclos~.~~.f4~ation.
Sincerely, ,,~ .. ~ /
Dated//August / ~, 2003 Dated August _~)__, 2003
The Honorable Mayor & City Council Members
City of Dubuque
City Hall - 50 W. 13t" Street
Dubuque IA 52001
RE: Voluntary Annexation Request
Dear Mayor & City Council Members:
I. Elaine M. White. owner of 0.41 acre ~)f oroperty alon9 Middle Road, legally
described as Lot 2 of the NW NE Section 30 T89N R2E in Dubuque County,
Iowa, request annexation of this p~opep:y to the City of Dubu(~ue, Iowa. This
parcel is #13g on the Annexation Exhibit A ma p enclosed for your information.
Sincerely,
Elaine M. White
Dated August ]_~_, 2003
The Honorable Mayor & Ci~ Council Members
City of Dubuque
City Hall-50W. 13~ Street
Dubuque IA 52001
RE: Voluntary Annexation Request
Dear Mayor & City Council Members:
We, Lloyd C, & Jane A. steffen, owners of 0,421 acres of property along Middle
Road, legally described as Lot 2-1 of the NW NE Section 30 T89N R2E in
Dubuque County, iowa, request annexation of this property To the City of
Dubuque, Iowa. This parcel is #13h on the Annexation Exhibit A map enclosed
for your information.
Sincerely,
Steffen//
~'Jane A. Steffen ~'
Dated August r/.-~, 2003
Dated August /,~,2003
The Honorable Mayor & City Council Members
City of Dubuque
City Hall - 50 W..13t~ Street
Dubuque IA 52001
RE: Voluntary Annexation Request
Dear Mayor & City Council Members:
We, Alien F. & Mary Ann Lex, owners of 0.52 acre of oroperty along Middle
Road, legally described as Lot 2 Sub E 10 Acres NE NW Section 30 T89N R2E
in Dubuque County, Iowa, 'equest annexation of this property 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,L~ 2003
Dated August ~)/-/L , 2003
The Honomble Mayor & City Council Members
City of Dubuque
City HalI-50W. 13th Street
Dubuque IA 52001
RE: Voluntary Annexation Request
Dear Mayor & City Council Members:
We, Kenneth R. & Maurine D. Harris, owners of 1.002 acre of property along
Seippel Road legally described as Lot 2-1 of the SE NE Section 25 T89N R1E in
Dubuque County, iowa, request annexation of this property to the City of
Dubuque, Iowa. This pamel is #13o on the Annexation Exhibit A map enclosed
for your information.
Sincerely,
J~;~enneth R. Harris
Ma{Jdne D. Harris
Dated S~Y~-~ , 2003 Dated September Z~ , 2003
The Honorable Mayor & City Council Members
City of Dubuque
City Hall - 50 W. 13~ Street
Dubuque IA 52001
RE: Volunt.a~ Annexation Request
Dear Mayor & City Council Members:
We, Gene & Jean Potts, owners of 0.67 acre of property along Asbury Road.
legally described as Lot I of Potts Place lying outside the Asbury city limits in SV/ liE
T89N R2E in Dubuque County, Iowa, request annexation of this property to the
City of Dubuque, Iowa. This parcel is #13p on the Annexation Exhibit A map
enclosed for your information.
Sincerely,
G e n"e~"J. Pot-ts
J~n A. Pot'ts
Dated August .~._, 2003 Dated August /...~, 2003
The Hono~ble Mayor& City Council Membe~
City of Dubuque
City HalI-50W. 13th Street
Dubuque IA 52001
RE: Voluntary Annexation Request
Dear Mayor & City Council Members:
We, Wilfred R. Jr. & Vicky L. Bahl, owners of 0.86 acres of property located along
Asbury Road, legally described as Lot 1-1-1 SE NW Section 19 T89N R2E in
Dubuque County, Iowa, request annexation of this property to the City of
Dubuque, Iowa. This parcel is #13q on the Annexation Exhibit A map enclosed
for your information.
Sincerely,
Vicky b BSf~II~ '
Dated August ! ~., 2003 Dated August ,/¢.¢, 2003
CITY OF DUBUQUE: VOLUNTARY ANNEXATION WITH
NON-CONSENTING PROPERTY OWNERS
EXHIBIT C
LEGAL DESCRIPTIONS
CITY OF DUBUQUE: VOLUNTARY ANNEXATION WITH NON-CONSENTING PROPERTY OWNERS
City Map County Property Owner Non-
Parcel# Parcel ID # Legal Description Acreage Name and Address Consenting
1 10,19.101.003 Lot 1-1-1-1~1 W 1/2 NW lying N of Road Section 19 T89N R2E 40,850 Terrence Baht & Martin & Linda Bahl
10,18.353.007 Lot 5 SW Section 18 T89N R2E 1,300 14701 Asbury Road
Dubuque, IA 52002
2 10.19.151.007 Lot 1-1-1-1-1 W 112 NW Lying S of Road Section 19 T89N R2E 30.000 Wilfred Bahl Family LP - 1/2 and
10,19,176.005 Lot 2-1-1 of the SE NW Section 19 T89N R2E 36,570 Wilfred Bahl Jr. etal - 1/2
10.19.176.002 Lot 2-1 of the SE NW Section 19 T89N R2E 0.286 14515 Asbury Road
10,19.326,001 Nl/2 of the NE SW Section 19 T89N R2E 20.000 Dubuque, IA 52002-9302
10.19.400,001 Nl/2 of the NW SE Section 19 T89N R2E 20,000
10.19.126.001 NE NW Section 19 T89N R2E 40.000
3 10.19.400.002 South 1/2 of the NW SE Section 19 T89N R2E 20,000 Eldon J Bahl - Dec. of Trust and
10,19.376.001 Lot 1 of the SE of the SW Section 19 T89N R2E 39,320 Loretta C Bahl - Dec. of Trust
10,19.326.002 South 1/2 of the NE SW Section 19 T89N R2E 20.000 14453 Middle Road
10.19.400.004 Lot I of the West 30 Acres of the SW SE Section 19 T89N R2E 29,030 Dubuque. IA 52002
4 10.19.400.006 East 10 Acres of the SW SE Section 19 T89N R2E 10.000 Steven & Sandra Bahl
14271 Middle Road
Dubuque. IA 52002
5 10.19.400.007 Lot 1 of the SE SE Section 19 T89N R2E ~ 37,200 Madlyn Blake
5225 Valley Forge Road
Asbury, IA 52002
6 10.30.226.004 Lot 1-1-1-2 NE NE Section 30 T89N R2E 36.720 Joseph & Mary Behnke
10,30.276,001 SE NE Section 30 T89N R2E 39.600 14078 Middle Road
Dubuque, IA 52002
7 09.24.401.001 NW SE Section 24 T89N R1E 40.000 Terrence Bahl & Martin & Linda Bahl
09.24.451.001 SW SE Section 24 T89N R1E 40.00(: 14701 Asbury Road
09.24.476.001 W 1/2 SE SE Section 24 T89N R1E 19.50(: Dubuque, IA 52002~9329
page 1
CITY OF DUBUQUE: VOLUNTARY ANNEXATION WITH NON-CONSENTING PROPERTY OWNERS
City Map County Property Owner Non-
Parcel # Parcel ID # Legal Description Acreage Name and Address Consenting
8 10.30.101.007 Lot 1 of the East 901.6' of the North 650' of 1.000 Harotd Nimmick X
Lot 1 of A. Tigges Sub of the NW NW Section 30 T89N R2E 2301 Burr Oak
10.30.101.008 Lot 2-2 of the East 901.6' of the North 650' of 1.000 Dubuque, IA 52002
Lot 1 cfA. Tigges Sub of NW NW Section 30 T89N R2E
10.30.101.009 Lot 1-2 of the East 901.6' of the North 650' of 11.450
Lot 1 of A. Tigges Sub of NW NW Section 30 T89N R2E
9 10.30.101.005 Lot 2 of Part of Lot 1 of A. Tigges Sub Section 30 T89N R2E 1.000 Peter Henkels X
10.30.101.006 Lot 2-1 of Part of Lot 1 of A. Tigges Sub Section 30 T89N R2E 1.000 13910 Seippel Road
10.30~101.010 Part of Lot 1-1-1 of A. Tigges Sub NW NW Section 30 T89N R2E 11.290 Dubuque, IA 52002
10 10.30.101.011 Southerly 10.25 Acres of Lot 1 cfA. Tigges Sub T89N R2E 10.250 Rosean Mary Schromen Wilson X
13804 Seippel Road
Dubuque, IA 52002
11 10.30.151.001 Lot 1 of the SW of the NW of Section 30 T89N R2E 38.250 Catlahan Construction
10.30.176.001 Lot 2 of the SE of the NW of Section 30 T89N R2E 1.000 12831 Noble Ridge
Dubuque, IA 52002
12 09.25.226.001 NE NE Section 25 T89N R1E 37.600 Callahan Construction
09.25.276.001 Lot 1-1 SE NE Section 25 T89N R1E 37.250 12831 Noble Ridge
99.25.277.001 Lot 2 SE NE Section 25 T89N R1E 0.090 Dubuque, IA 52002
13a 10.19.176.003 Lot 2 of the SE of the NW Section 19 T89N R2E 0.286 Charles & Marie Miller
14510 Asbury Road
Dubuque, IA 52002
13b 10.19.400.005 Lot 2 of the SE SW Section 19 T89N R2E 0.030 Mark & Michelle Bahl
Lot 2 of the W 30 acres of the SW SE Section 19 T89N R2E 0.970 14491 Middle Road
Dubuque, IA 52002
page 2
CITY OF DUBUQUE: VOLUNTARY ANNEXATION WITH NON-CONSENTING PROPERTY OWNERS
City Map County Property Owner Non-
Parcel # Parcel ID # Legal Description Acreage Name and Address Consenting
13c 10.19,400.008 Lot 2 of SE SE Lot 2 Section 19 T89N R2E 0.800 Mark & Amaelia Pasker
14073 Middle Road
Dubuque, IA 52002
13d 10.30.226,003 Lot 2-1-2 of the NE NE Section 30 T89N R2E 1,010 Francis & Darlene McDonald
14014 Middle Road
Dubuque, IA 52002
13e 10.30.226.002 Lot 2-2 of the NE NE Section 30 T89N R2E 0.870 Mark & Kimmie Heins
14192 Middle Road
Dubuque, IA 52002
13f 10.30.226.001 Lot 1 of the NE NE Section 30 T89N R2E and 0.400 Douglas & Dianne Fritsch
Lot 2-1-1-2 of the NE NE Section 30 T89N R2E 14238 Middle Road
Dubuque, IA 52002
13g 10.30.201,002 Lot 2 of the NW NE Section 30 T89N R2E 0,410 Elaine White
14454 Middle Road
Dubuque, IA 52002
13h 10.30,201.001 Lot 2-1 of the NW NE Section 30 T89N R2E 0.421 Lloyd & Jane Steffen
14480 Middle Road
Dubuque, IA 52002
13i 10.30.126,002 Lot 2 Sub E 10 Acres NE NW Section 30 T89N R2E 0.520 Allen & Mary Ann Lex
14512 Middle Road
Dubuque, IA 52002
13j 10.19.351,008 Lot 1-4-1 of the SW SW Section 19 T89N R2E 2.606; Stanley & Lou Ann Ward X
14085 Sandpiper Lane
Dubuque, IA 52002
page 3
CITY OF DUBUQUE: VOLUNTARY ANNEXATION WITH NON-CONSENTING PROPERTY OWNERS
City Map County Property Owner Non-
Parcel # Parcel ID # Legal Description Acreage Name and Address Consenting
13k '10.19.353.002 Lot 2-6-1 of the SW SW Section 19 T89N R2E 1.969 Karen Cogan X
73626 260th Street
Colo, IA 50056
131 10.19.351.009 Lot 2-4-1 of the SW SW Section 19 T69N R2E 1.955 Wayne Siebert X
14063 Sandpiper Lane
Dubuque, IA 52002
13m 10.19.353.003 Lot 1-6-1 of the SW SW Section 19 T89N R2E 2.664 Donald & Luella Cogan X
14094 Berry Lane
Dubuque, IA 52002
13n 10.30.101.003 Lot 4 of A. Tigges Sub Section 30 T89N R2E 0.500 Mary Krabbenhoft X
10.30.101.004 Lot 5 orA. Tigges Sub Section 30 T89N R2E 0.500 14926 Middle Road
Dubuque, IA 52002
130 09.25.276.002 Lot 2-1 of the SE NE Section 25 T89N R1E 1.002 Kenneth & Maurine Harris
13503 Seippel Road
Dubuque, IA 52002
13p 10.19.252.012 Lot 1 of Ports Place lying outside the Asbury city limits in 0.671 Gene & Jean Potts
SW NE Section 19 T89N R2E 14478 Asbury Road
Dubuque, IA 52002
13q 10.19.176.004 Lot 1-1-1 SE NW Section 19 T89N R2E 0.860 Wilfred & Vicky Bahl
14515 Asbury Road
Dubuque, IA 52002
page 4
CITY OF DUBUQUE: VOLUNTARY ANNEXATION WITH NON-CONSENTING PROPERTY OWNERS
Acreage with Dubuque County Right-of-Way for Adjoining Secondary Roads
Legal Descriptions
Right-of-way to the centerline of Asbury Road adjoining the annexation territory and lying outside a city 3.837
Right-of-way to the centerline of Heacock Road adjoining the annexation territory and lying outside a city 0,975
Right-of-way to the centerline of Seippet Road adjoining the annexation territory south of Middle Road and lying outside a city 3.847
Right-of-way to the centerline of Middle Road adjoining the annexation territory and lying outside a city 5.843
Total Right-of-way Acreage 14.502
Calculations of Percentage of Territory with Voluntary Annexation Applications and
Percentage of Territory with Non-Consenting Owners including County Right-of-way
Total Acres - Voluntary
Total Acreage - Non-Consenting
Total Acreage - All Parcels
Total Right-of-way Acreage
Grand Total
Percentage Voluntary
Percentage Non-Consenting
642.815
47.184
689.999
14.502
704.501
93.16%
6.84%
page 5
~o
Douglas
& Dianne Fritsch
14238 Middle Rd.
Dubuque, Iowa 52002
Home Phone 563-557-8348
Honorable Mayor Terry Duggan &
City Council Members
50 West 13th St.
Dubuque, Ia. 52001
Dear Mayor Duggan and City Council Members,
November 23, 2003
~ ~-
In July of this year my wife Dianne and I were approached by representatives of the city of
Dubuque in regards to annexation into the city of our county home. Gus Psihoyos, Laura
Carstens, and Mike Van MiMgen thoroughly explained that several owners of larger tracts of land
wished to annex into the city of Dubuque to realize some furore land development goals of theirs.
If their land was annexed alone it would create islands of county land within the city limits; which
by law is not permissible. Therefore Dianne, myself, and my neighbors were being asked to
voluntarily annex into the city.
Taking into consideration all that the City of Dubuque had to offer, we decided for several
reasons not to voluntarily annex in. One of the biggest reasons being the cost of hooking into the
city sewer; which for my wife and I will be mandatory. Other reasons include higher taxes, losses
of personal freedoms, and road expansions when traffic counts become too high for the existing
road; which may in fact result in the removal of our home.
Upon further investigation it was revealed that if the larger tracts were annexed and they totaled
up to 80% or more of the land being annexed we would be annexed involuntarily. Further more
we would not be given the benefits the City of Dubuque was going to give those who voluntarily
annexed in ( i.e. deferring the cost of hooking into the city sewer until the house was sold or
otherwise disposed of, and the five year tax progression to full city taxes).
Diarme and I are raiSing three sons. We are educating them in the Catholic School System here in
Dubuque. That combined with a mortgage, saving for higher education for our children, and all
of the day to day expenses incurred by a family of five, we felt we could not afford yet another
expense. A rather large expense at that. Therefore we felt we had no choice but to unwillingly
sign the voluntary annexation form.
None the less we felt we needed to voice our opinion;so we included a notation on the voluntary
annexation form. We were told by the City Attorney and Mike Van Milligen that this was not
allowed. It was also suggested to me by Mike Van Milligen we should cut our losses and just
sign the letter.
Many of our neighbors feel the same as we do. We feel we were mistreated by the City of
Dubuque. We feel we were put in a position where we didn't have a choice. Not to mention this
information was dropped on our door step on a Friday evening and had to be returned by the
following Wednesday. Not near enough time to gather and comprehend all of the information and
the situation.
I was raised in the city of Dubuque and was taught to respect my neighbors and to work with
them when concerns arose. I was under the impression that these are the same values that the
City operates under. Unfommately not in this case. We feel we are having our arms twisted to
sign the letter. Sign the letter and take the so-called benefits or else pay the consequences.
We hope that you Mr. Mayor and members of the City Council w/il take time to investigate this
situation and take the appropriate steps to insure the next time land is going to be annexed into
the city the people of the county are treated like neighbors. We also hope the City can work with
us, if the annexation is passed, to ease the financial burden placed upon those of us who stand to
gain nothing but lose plenty.
MEMORANDUM
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 read 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 the 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 that 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 give 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 Council 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 hearing 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
2. 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 require 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 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 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, in
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 by 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 fellow. 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 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
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 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.
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 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 an amendment to the City Code
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.
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 10 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 Dubuque 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 this 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 # Property Owner Acreage
1 Terrence Bahl & Martin & Linda Bahl 42.150
2 Bahl Family Partnership 146.570
3 Eldon & Loretta Bahl 108.350
4 Stereo & 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 Heokels 13.290
10 Rosean Mary Schromen Wilson 10.250
11 Callahan Construction East 39.250
12 Callahan Construction West 74.940
13A Chades & Marie Miller 0.286
13B Mark & Michelle Bahl 1.000
13C Mark & Amaelia Pasker 0.800
13D Francis & Dadene McDonald 1.010
13E Mark & Kimmie Heins 0.870
13F Douglas & Dianne Fdtsch 0.400
13G Elaine White 0.410
13H Lloyd & Jane Steffeo 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 Krabbenhof~ 1.000
130 Kenneth & Maurine Harris 1.002
13P Gene & Jean Ports 0.670
13Q Wilfred & Vicky Bahl 0.860
Signed
Agreement
Acres
w/o consent
13.450
13.290
10.250
0.400
2.606
1.969
1.955
2.664
1.000
1.002
Totals 689.713 48.586
8/I 5/2003
Percentage
opposition
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
Dubuque, Iowa 52002
Dear xx and xx xxxxxx:
This is follow-up to the August 8, 2003 letter which was delivered to you on Friday.
1 have had discussions with several property owners and I have the answers to
questions that were asked:
What would be the classification of Middle Road if it were in the City; arterial,
collector or residential?
Arterial.
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.
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 oe 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:
August 8, 2003
RE: Annexation Agreement
Dear xxxxxxxxxxxx:
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
[he Dubuque City Council meeting of August 18, 2003. On August 18, 2003, the City
Council will receive and file [he Agreement and all related requests for voluntary
annexation, and then set a public hearing date. The public hearing will be held on
September 15, 2003.
In the event that less than all of the property owners approve this 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 period 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 exempt; 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 waterma~ns as shown on the
Exhibit for Watermain A and Watermain B. Again, the cost to extend either
watermain 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 revise the plan to an "undivided" roadway
with access across the centerline.
For any property owner who is required to connect [o 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 private 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 pre perty is sold or otherwise disposee of.
This letter is 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 I 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 property shown on the attached Exhibit A:
Parcel 1
Terrence Bahl and Martin & 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 R1E; SW SE Section 24 T89N R1E; W 1/2 SE
SE Section 24 T89N R1E; NE NW Section 19 T89N R2E
Parcel 3
Eldon & 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
Marilyn Blake
LEGAL DESCRIPTION: Lot 1 of the SE SE Section 19 T89N R2E
Parcel 6
Joseph & Mary Behnke
LEGAL DESCRIPTION: Lot "-1-1-2 NE NE Section 30 T89N R2E; SE NE
Section 30 T89N P,2E
Parcel 7
Terrence Bahl and Martin & Linda Bahl
LEGAL DESCRIPTION: NW SE Section 24 T89N R1E; SW SE Section
24 T89N R1 E; 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 I 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 Mary Schromen
LEGAL DESCRIPTION: Southerly 10.25 Acres of Lot 1 of A. Tigges Sub
T89N R2E
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 P, 1E
SE NE
Parcel 13a
Chades & Made 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 & Dadene 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 Fdtsch
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 R2E
Parcel 13i
Allen & Man/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 Coqan
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 Coqan
LEGAL DESCRIPTION: Lot 1-6-1 of the SW SW Section 19 T89N R2E
Parcel 13n
Mary Krabbenhoff
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 & Maurine Harris
LEGAL DESCRIPTION: Lot 2-1 of the SE NE Section 25 T89N R1E
Parcel 13p
Gene and Jean Pot-ts
LEGAL DESCRIPTION:
[imits T89 N R2E
Lot I of Potts Place lying outside the Asbury city
Parcel 13q
Wilfred R. Jr. and Vicky 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 I through and including 12, and Parcels 13a through and including 13q
In the event the City Development Board order approves such annexation
as to less than all of the Property Owners' properties, this Agreement 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 ~han 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. For the third year, forty-five percent.
4. For the 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 improvements required by the
resolution approwng 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 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 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 find 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 improvements required by the reso]ution 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 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.
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 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.
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 Radford Road to Seippel Road and revise the plan to an
"undivided" roadway with access across the centerline.
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 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.
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 Agreement 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
ACCEPTANCE OF AGREEMENT
I. the property owner of parcel 5. legally described as Lot I 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 m
question.
Marilyn
Dated August I¢ , 2003
The Honorable Msc~or & City Council Membem
City of Dubuque
City Hall - 50 W. 13~ Street
Dubuque IA 52001
RE: Voluntaq/A~nexation Request
Dear Mayor & City Council Members-
I. Joel Callahan, President. Caltahan Construction Inc., owner of 74.94 acres of
property along Middle Road, legally described as NE NE Section 25 T89N R1 E;
Lot %1 SE NE Section 25 T89N R1 E; Lot 2 SE NE Section 25 T89N R1E in
Dubuque County, Io~.~, request anne×a'Jori of this property to the Cit-,y, of
Dubuque, Ic,~va. This pamel 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 Services and Wholesale Distdct
and LI Light Industrial District as shown on the encbsed aerial photo.
Sincerely,
Jo~l Ca~tahan, President
Callahan Construction Inc.
Dated August 14 , 2003
31S-5MS-~M~l P-~
Ru~ ~3 03 O$:0~p Plannin~
ACCEPTANCE OF AGREEMENT
I the properb] owner of parcel 12, legally.described as NE NE Section 25 T89N
R!E; Lot 1-1 SE NE Section 25 T89N RIE; Lot 2 SE NE Section 25 T89N RIE in
Dubuque County, iowa, having read the terms and conditions of the foregoing
agreement, and being familiar with the condi*Jons ~hereof, hereby accept ~is same and
agree to bhe conditions required within, conCurrent with rezoning of 8qe above property.
Joe C~ailaiian, President
Caltahan Construction Inc.
Dated August Iq , 2003
Mu~ 13 03 06:O2p Plamnin~ 31S-58~-~2~1 p.~
ACCEPTANCE OFAGREEMENT
I, the property owner of parcel 11, legally described as Lot I 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 thereof, hereby accept this same and agree to the conditions required within,
concurrent with rezoning of the above proped-7.
Joel Calla'hah, President
Callahan Construction !nc.
Dated August ]4 , 2003
The Honorable Mayor & City Councit Members
City of Dubuque
City Hall - 50 W. 13~ Street
Dubuque IA 52001
RE: Voluntary Annexation Request
Dear Mayor & City Council Members:
We, Lloyd C. & Jane A. Steffen, owners of 0.421 acres of property along Middle
Road, legally described as Lot 2-1 of the NW NE Section 30 T89N R2E ~n
Dubuque County, Iowa, request annexation of this propers' to the City of
Dubuque, iowa. This parcel is #13h on the Annexation Exhibit A map enclosed
for your information,
Sincerely,
ane A. Steffen
Dated August/',-~., 2003
Dated Augus; /~, 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 ,~ Steffen
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 Members:
I. 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,
3wa, request annexation of this p~oper~y to the City of Dubuque, Iowa. This
oarcel is ¢13g on the An nexation Exhibit A map enclosed for your information.
Sincerely,
Elaine M. White
Dated August ._~__. 2003
ACCEPTANCE OFAGREEMENT
I, the property owner of parcel 13g, 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.
~Flaine M. White
Dated August ~ L/, 2003
The Honorable Mayor & City Council Members
City of Dubuque
City Hall - 50 W. 13t~ Street
Dubuque iA 52001
RE: VD unt.awAnnexation Request
Dear Mayor & City Council Members:
We, Gene & Jean Ports, owners of 0.67 acre of property along Asbury Road,
legatty described as Lot 1 of Potts Place lying outside the Asbury city limits in
T89N R2E in Dubuque County, iowa, request annexation of this property to the
City of Dubuque. towa. This parcel is #13p on the Annexation Exhibit A map
enclosed for your information.
Sincerely,
Dated August _~._., 2003
J~n A. Potts
Dated August ~,/.~, 2003
ACCEPTANCE OF AGREEMENT
We, the property owners of parcel 13p, legally described as Lot 1 of Potts Place
lying outside the Asbury city limits in T89N R2E in Dubuque County, Iowa, having read
the terms and conditions of the foregoin9 agreement, and being familiar with the
conditions thereof, hereby accept this same and agree to the conditions required within.
Gene J. Pott~
Dated August /.,I~, 2003
iI
an A. Potts
Dated A~Jgust /__~, 2003
The Honorable Mayor & City Council Members
City of Dubuque
Ci~ Hall-50W. 13~ Street
Dubuque IA 52001
RE: Voluntary Annexation Request
Dear Mayor & City Council Members:
We, Francis J. & Darlene McDonald, 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, request annexation of this property to the City of
Dubuque, Iowa. This parcel is #13d on the Annexation Exhibit A map enclosed
for your information.
Sincereiy,
Francis J. Mcdonald
Darlene McDonald
Dated August /~z, 2003
Dated August /z/, 2003
ACCEPTANCE OF AGREEMENT
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 tl~e conditions required within.
Francis J. M/cDonald
Darlene McDonald
Dated August /Cz , 2003
Dated August /¢, 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~hn~e
M' (y A. B'ehnke
Dated August /¢, 2003 Dated August J_~, 2003
ACCEPTANCE OFAGREEMENT
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.
I~nke
Mary A. B~hnke
Dated August /¢, 2003 Dated August ~5L , 2003
The Honorable Mayor & City Council Members
City of Dubuque
City Halt - 50 W. 13th Street
Dubuque IA 52001
RF_: Voluntary Annexation Request
Dear Mayor & City Council Members:
We, Allen F. & MaW Ann Lex, owners of 0.52 acre of properby along Middle
Road, legally described as Lot 2 Sub E 10 Acres NE NW Section 3(:] T89N R2E
in Dubuque County, iowa, request annexation of this property 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 L~, 2003
Dated August ~__, 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 conditions thereof,
hereby accept this same and agree to the conditions required within.
Allen F. Lex
Ma~A~ex
Dated August / Z/~, 2003
Dated August .L~, 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 Bahl, owners of 10.00 acres of property located at 14285
Middle Road, legally described as the East 10 Acres of the SW SE Section 19
T89N R2E in Dubuque County, Iowa, request annexation of this property to the
City of Dubuque. lowa. This parcel is ¢4 on the Annexation Exhibit A map
enclosed for your information.
Sincerely,
ndra Baf~l
Dated August /Z-, 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.
~3t~en Bahl
Dated August / ¢--, 2003 Dated August ] ~ , 2003
The Honorable Mayor & City Cour cji Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque iA 52001
RE: Voluntary Annexation Request
Dear Mayor & City Council Members:
We, Eidon & Loret~a Bahl, owners of 108.35 acres of property along Middle
Road legally described as the 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 1 of the West 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 #3 on the Annexation Exhibit A map
enclosed for your information.
Sincerely,
Eldon J. Bahl
Loretta C. Bahl
Dated August /'¢- , 2003
Dated August /~,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 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, 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.
Eldon J. Bahl
L~re~a C. Bahl
Dated August/' ¢, ,, 2003 Dated August ?.~, 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, Mark A. & Michelle M. Bahl owners of 1.00 acre of proper~y 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 Dubuc ue, Iowa. This parcel is
#13b on the Annexation Exhibit A map enclosed for your information.
Sincerely,
'M~'~ A: B~hl"
IV~ichelle M. Bahl ~
Dated August/2,2003 Dated August /o~, 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.
Michelle M. Bahl
Dated August //¢,~, 2003
.Dated August /c~, 2003
The Honorable Mayor & City Council Members
City of Dubuque
City Hail - 50 W. 13~ Street
Dubuque IA 52001
RE: Voluntary Annexation Request
Dear Mayor & City Council Members:
We, Mark L. & Amaelia L. Pasker, owners of .80 acre of property along Middle
Road, legatly described as Lot 2 of SE SE Lot 2 Section 19 T89N R2E in
Dubuque County, Iowa, request annexation of this property to the City of
Dubuque, Iowa. This parcel is #13c on the Annexation Exhibit A map enclosed
for your information.
Sincerely,
Mark L, Pasker
~maelia L. Pasker
Dated August ~, 2003 Dated August /3 , 2003
ACCEPTANCE OF AGREEMENT
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
A~aelia L. Pasker
Dated August 1 ¢ 2003 Dated August /,~ , 2003
)RD RD
KRD ~
SEIPPEL RD
i
Listed below are some of the questions 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 prope~y owners to annex
approximately 500 acres of farmland along Middle Road, Seippe~ Roao and Asbury
Road.
To annex property, there must be at least 50 feet of com'non boundary between the
property and the city limits. The City will annex portions of Middle Road. Seippel Road
eno Asbury Roao to comply with the State Code.
To do this annexation, the City also will need to annex a number of smaller oroperties to
'neet the State Coae. These smaller properties are mostly single family homes. The
State Code does not allow a City to annex just the large farms, and eave the smaller
lots in the County. This creates "islands" of land in the County, which is against State
Cooe. State ~aw allows a voluntary annexation to include property without the consent of
the owner to avoic creating an island or to create more uniform boundaries.
The City's plan 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 the 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 the State Code_ the City can include this land without the owner's consent
to avoid creating an ~slanc and to create more uniform boundaries. This property must
not exceed 20% of the tota land area included in the annexation request.
What is the process for annexation? How can I comment on this annexation?
The City Council will hold a oub ic hearing on September 15 on the annexation plan
prior to votrng on the 2roposal. If the City Council approves the voluntary annexation, to
include land without the owner's consent, then the annexation request is sent to the'
State of Iowa's City Development Board in Des Moines. The Board then will scnedole a
public hearing in Dubuque for all the affected proper~y owners and the County. The
Board must approve this type of annexation reauest by a four-fifths vote of the
members. The public hearings are open meetings. Comments can be submitted in
writing at or before the meeting, and verbally at the meeting.
Page 1
What is the future status of Middle Road?
Currently. there are no clans to improve Middle Road between Radford Road ano
Seippel Road. Three junsdictions nave responsibility for Middle Road: the City of
Asbury, the City of Dubuque and Dubuque County. According to Mark Jobgen County
Engineer. the County nas no ~lans 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 of the Dubuque Metropolitan Area Transportation Study (DMATS)
-ecommended that Middle Road between Radford Road ano Seippel Road would be a
divided four-lane roaa with left and right turn ~anes at intersections.
The City of Dubu(~ue will consider an amendment to the DMATS 2025 Long Range
Transoortadon Plan that would eliminate the reconstruction of Middle Road to a four-
fane "divided*'oad from Radford Road to Seippel Road. and revise the plan to an
"undivided" roaaway 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 v~eight limit exceeding ten thousand pounds (5 tons). These trucks must travel
over marked highways when operating in the City except when the ~estination 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 c 'ect route.
The City Manager is authorized to designate and establish by appropriate signs
alternate truck 'outes and to 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 Seippel Road.
The Oity has acc Jired 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 park off Seippel Road. the Dubuque Industrial Center West. When
completed. Chavenelle Road will provide a truck route from the Northwest Arterial (iowa
32) to Seipoel Road and Dodge Street (U.S. 20) that should also help pull trucks off of
Middle Road and Seippel Road north of the ~ubuque Industrial Center West.
Are there any pians to extend Heacock Road from Middle Road to Chavenelle,
Road?
NO.
Page 2
Do / 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 main is $11.00 per
front foot of property. The 2roperty owner is also responsible for the cost and the
installation of the private service connector from the City main to the home or building.
What is the schedule for water main extensions to Heacock Road?
Currently the City of Dubuc Je is reviewing the cost to extend the16-inch water main
from its present location approximately 900 feet east of Heacock Road to approximately
200 feet west of Heacock Road. We are also looking at an accelerated plan to extend
this main to provide additional fire support and water service to this area
have to connect to sanitary sewer?.
The City Code requires that the owner of any property within 200 feet of a public
sanitary sewer nas to connect to tne property within 365 days. This connection can be
delayed up to 15 ~/ears from the date that the septic system was installed, if the septic
system was properly designed and maintained.
If any property is required to connect to the City's sanitary sewer system, the City of
Dubuque will extend the service to the property and connect tl~e private system to the
City sanitary sewer. For property owners who sign the Agreement. the City will bear all
initial costs associated with this connection and will levy the cost as an assessment if
and when the proper~y is sold or otherwise disposed of.
Will we have to pay for future street assessments?
The City of Dubuque has two major types of street maintenance programs to improve
the condition of the streets. The first, an asphalt overlay, is funded by the City and does
not involve street assessments. The second, street reconstruction, does involve street
assessments. Future street assessments will be paid by a property owner as follows:
· Any residential aroperties 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' assessments.
Regardless of the width of any future street improvements or the volume of traffic.
the property would not pay more than a ~ocal neighborhood street in the City which is
31 feet wide. Aisc deoending 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. Ail residential properties along Middle Road and
Page 3
Seippel 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
annua~ agricultural exemption for the street assessment. The deferment would be ~n
effect as ~ong as the property is assessec and used for agricultural purposes.
The approximate street assessment for proper~y owners would be approximately
15% of the actual street construction cost.
May I have a recreational fire within the city limits?
Recreational fires are allowed under the following conditions:
· Burning is limited to charcoal 2roducts or firewood that is dried split or sawn to
engths no greater than four feet.
· ~hysical 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 be kept to a small size with flame height under five feet.
· Atmosphere conditions should be such that allows for smoke and gasses to rise up
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?
No, except by permission of the City Manager, when it would be for limited and specific
oeriods.
Can a person discharge paint guns, BB guns, pellet guns, firearms, and fireworks
in the city limits?
According to City Code, nc one can discharge or fire any cannon gun. bomb, pistol, air
gun. or other firearms or set off or burn firecrackers, toroeooes sky rockets, Roman
candies or other fireworks of like construction or any fireworks containing any explosive
or inflammable compound, or other device containing any explosive within the City..,
limits ~
The City Counci! may, upon application in writing, grant a oermit for the display and use
of fireworks by any organization or groups of individuals when such fireworks display
wfll be handled by a competent operator
Page 4
The City Council may, upon application in writing, grant s 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 anima problems
when it is evident that conventional control methods have not resolved the 2roblem.
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 missile in such a manner as to hit. injure or
endanger any person, or window or other property, or.for any person within the
corporate limits of the City to hunt with a Dow and arrow. Target practice with a bow
and arrow is allowed
The hunting with bow and arrow of deer is allowed in the City limits by persons licensed
Dy and during the period of time authorized by the Iowa Department of Natural
Resources and issued a permit oy the City.
Do I have to license my 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 /arge 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 wouk: respond to
the masteOs command.
Are animal odors from fivestock a problem within the City limits?
The City Code does not address odors or smells. However. the Code does prohibit the
accumulation of solid waste and noxious substances which could create an odor. T, he
Code does allow for the safe accumulation of animal waste by commercial livestocl~
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 w/Il 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 pollution that leaves a property relative to other properties in the
City. The amount of hard surface ~impervious) area on a property is what is used to
'tndicate the runoff contribution aha determine the number of billing units (or SFU's).
SFU is the base billing unit for the stormwater utility fee and it stands for Single Fatuity
Unit. The average single-family nome in Dubuque has 2.917 square feet of hard
surface (impervious) area.
Will the 21.29 cost per SFU ever change?
The City Council has the ability, if the need arises [n the future, to adjust the rate by
modifying the ordinance.
What is a hard surface (impervious) area? Is grave/a hard surface?
Hard (impervious) surfaces are those tl~at do not absorb waker, or retard the natural
infiltration of rain such as roofs, driveways, walks and parking lots. Gravel does not
absor~ rain ike natural soils or grasses that naturally existed on a proper~y, 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 estimsted
based on the average impervious area associate(: with homes in Dubuque and the size
of a property.
For other residential property, an average impervious area is determined and
proportioned to the average single-family unit (SFU). Each dwelling unit under the
proper~y classification receives a bill 2ased on this proportion.
· Multi-Family units (excluding condominiums an(~ mobile homes) pay 42%
of the SFU rate.
· Condominiums pay 83% of the SFU rate.
· Mobile Home pay 65% of the S FU rate.
For the non-residential properties (includin~c farms), [he impervious area is directly
measured and a fee is basec on the proportion of impervious area on the proper~y to
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 ~roBerty taxes over a
five-year period after annexation. The exemption ~s 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 bil would be paid in the sixth year. Property tax bills are approximately 18
months in arrears.
The estimated partial exemption for the City portion of your property taxes s enclosed.
This char~ reflects an updated analysis corrected by the County Treasurer's Of T'~ce 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 applies to homes only. A comparison with the
City of Asbury's taxes is provided. These calculations do not include any tax credits that
you may get for homestead, agricultural and family farm or pre-paid taxes.
What are the plans for the City's property south of Middle Road and west of
Parcel 6 and east of Parcel II located on Annexation Eo(hibit A?
Currently there are no final plans on any development for this 160-acre parcel. This
land has been ~and-banked -'or future industrial development in tl~e 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 new and expanding businesses.
What are the City of Dubuque's response times for fire, po/ice 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 anC volunteer services that
currently are provided to this area. The completion of Chavenelie Road within the next
three years will help to improve these response times.
The City has a full-time Fire Department which provides fire 2revention. fire
suppression hazardous materials, ambulance paramedic and emergency first
responder services.
The City has identified that an additional outdoor warmng siren and an additional or
relocated fire station may be needed in the future as the community develops to the
west. The Fire Department will complete an analysis to determine wnether a new dr
relocate~: fire station will best serve this area.
The City also has a full-time Police Department. The Dubuoue Police Department will
incorporate this area into its ex,sung 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 best serve the area based on an
analysis of resoonse times.
How will my property owner's insurance be affected by having City services?
Annexation to the City of Dubuque may reduce the annual premium for your property
owner's insurance. Check with your ~nsurance 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 throw" garbage collection system as mandated by the State
of owa. Dubuque's refuse collection fee of $7.60 per month for a single-family
househoId is among the lowest in Iowa. Households 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 recydir~g, seasonal yard waste collection and large item
pick up services to single family residences. Landfi 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 each
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 Roa(~ to Seippel Road.
What wi//my property be zoned after annexation? Will my property be
grandfathered under City zoning?
Your properzy will be zoned AG Agricultural District upon annexation to the City of
Dubuque unless you ask for a different zoning clarification at this time. You nave the
option of requesting 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.
Pfc 2erties are grandfathered under City zoning 'or uses, setbacks and site
improvements (e.g. paved driveways). Upon expansion or cnange in use. propertie~s
must De Drought into compliance with City zoning. The degree of comp ~ance requi.red
varies with ~ne Jse and the nature of what is grandfathered.
Page 8
What are the City regulations if/split my two-acre lot into two one-acre lots for a
second home?
The City of Dubuoue allows lot splits that meet minimum lot area. For example, the City
requires 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 twc one-acre lots for a second home. The County
requires a minimum one-acre lot for the septic system, but the City of Dubuoue ooes not
have the one-acre standard However, the City does require that the property owner
conduct a soil analysis, maintain adec Jate spactng from a well, and have enough lot
area for the drain field -similar to what the County Health Depar~mem reauires
After annexation, a new s~ngle-family home must be built to City Zoning and Building
Codes. and have a pave(: driveway of asphalt, concrete, or brick pavers. Any other new
buildings also must be built to City Building Codes
When ! remo'del, 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 not have to bring the entire home or system into
comoliance 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.
If I have a building located/ess 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 oer lot. so the second home would
~)e grandfathered until it was split off onto another lot.
What are the City regulations for a mobile home?
Under the Dubuque zoning ordinance a mobile home is grandfathered if it is ~ot in Ua
mobile home sark. However. the granafathered mobile home cannot De removed aha
reptaced with another mobile home.
Page 9
When will I have to pave my gravel lane?
An existinc~ gravel lane in the County ~s a private road. It can continue to be a private
gravel road after annexation. The City would not ma~ qtain the road.
The City Fire Code would require that houses that are more than 150' from the public
way have driveways or lanes that ere at least 20' wide with and "all weather surface".
That does not mean ~aved. It can be gravel that would support the weight of fire
equipment aha maintained all year. Lanes and driveways can also be 20' wide to within
150' of the house, and then narrow down.
If an ac joining ot is split into two lots. the -oad could remain gravel. The City does not
require gravel roa~s ko oe paved until adjoining property is subdivided into three or more
lots. Once paving is required, the road would have to meet at least the City standards
for orivate streets.
What ff l 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
it has to be brought up to City standards for a public street at the proper-[y owners'
expense. The standards for a public street are higher than the standards for private
streets
Page 10
CITY OF DUBUQUE LEGAL SERVICES
MEMO
TO:
FROM:
DATE:
RE:
Jeanne Schneider
City Clerk
Tracey Stecklein
Legal Services Secretary
December 10, 2003
Annexation Agreement
Jeanne:
Per Barry, attached is the Annexation Agreement, dated August 18, 2003, which you
should have the City Manager sign. After he has signed the agreement, could you
please send me one executed copy for our files?
Thank you for your assistance with this matter.
SUITE 330, HARBOR VIEVV PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL tsteckle@cityofdubuque.org
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 A~?~ ,
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 property shown on the attached Exhibit A:
Parcel 1
Terrence Bahl and Martin & 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 R1E; 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 112 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
1 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
Marilyn Blake
LEGAL DESCRIPTION: Lot 1 of the SE SE Section 19 T89N R2E
Parcel 6
Joseph & Mary Behnke
LEGAL DESCRIPTION: Lot 1-1-1-2 NE NE Section 30 T89N R2E; SE NE
Section 30 T89N R2E
Parcel 7
Terrence Bahl and Martin & Linda Bahl
LEGAL DESCRIPTION: NW SE Section 24 T89N RIE; SW SE Section
24 T89N RIE; 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 ofA. 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 of A. Tigges Sub of NW NW Section 30 T89N R2E
Parcel 10
Rosean Mary Schromen
LEGAL DESCRIPTION: Southerly 10.25 Acres of Lot 1 of A. Tigges Sub
T89N R2E
Parcel 11
Callahan Construction East
LEGAL DESCRIPTION: Lot I 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 SE NE
Section 25 T89N R1E; Lot 2 SE NE Section 25 T89N RIE
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
Dou,qlas & 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 R2E
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 Co.qan
LEGAL DESCRIPTION: Lot 1-6-1 of the SW SW Section 19 T89N R2E
Parcel 13n
Mary Krabbenhoft
LEGAL DESCRIPTION: Lot 4 ofA. Tigges Sub Section 30 T89N R2E; Lot
5 ofA. Tigges Sub Section 30 T89N R2E
Parcel 13o
Kenneth & Maurine Harris
LEGAL DESCRIPTION: Lot 2-1 of the SE NE Section 25 T89N R1E
Parcel 13p
Gene and Jean Potts
LEGAL DESCRIPTION: Lot 1 of Potts Place lying outside the Asbury city
limits T89N R2E
Parcel 13q
Wilfred R. Jr. and Vicky 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
In the event the City Development Board order approves such annexation
as to less than all of the Property Owners' properties, this Agreement 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
pedod 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.
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 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 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 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 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 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 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 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.
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 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.
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 Radford Road to Seippel Road and revise the plan to an
"undivided" roadway with access across the centerline.
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 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.
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 Agreement may not be changed or terminated
orally, but only by an instrument in writing executed by all of the parties hereto.
CITY OF DUBUQUE, IOWA
Michael C. Van Milligen, City Ma-"rrag.er