Annexation 704 acres Notice ProofMEMORANDUM
Januaw 5,2004
TO:
The Honorable Mayor and City Council Members
FROM: Michael C. Van rVlilligen, City Manager
SUBJECT: Proposed annexation
On Monday, January 5, 2004, I received a call from Richard Anderson, Mayor of Asbury
regarding the proposed 700-acre annexation and asking that the City considering
tabling this agenda item. Attached is a letter from Mr. Anderson expressing the City of
Asbury's opposition to the proposed annexation until a negotiated boundary between
Asbury and Dubuque can be worked out. have reviewed this matter with Corporation
Counsel Barry Lindahl and he has indicated that the City Council can proceed with
approval of the annexation and this will not prevent us from negotiating a boundary
agreement with the city of Asbury. Any such negotiations could continue until the City
Development Board holds a hearing to rewew our request for annexation. Planning
Services Manager Laura Carstens is recommending City Council approval of the
voluntary annexation and anticipates the headng before the City Development Board to
occur in March 2004.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/cs
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Joe Callahan
Wilfred Bahl
MEMORANDUM
To:
From:
Subject:
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager ~
City of Asbury Letter Regarding Annexation
Januaw 5,2004
Today we received the enclosed letter from Richard Anderson, mayor of the City of
Asbury. His letter expresses the City of Asbury's opposition to the City of Dubuque's
voluntary annexation of approximately 700 acres of land "until the possibility of a
negotiated boundary agreement between Asbury and Dubuque can be worked out in
the next few weeks.*
My recommendation is that the City Council approve the annexation at tonight's public
hearing for the following reasons.
The City of Dubuque's annexation proposal includes approyJmately 47 acres of land"
without the owners' consent, to avoid creating an "island" of County land between the
two cities and to create more uniform boundaries in accordance with the Iowa Code.
The owners of these 47 acres of land have filed voluntary annexation requests with the
City of Asbury. The City of Asbury has approved their requests, and last month filed
their annexation proposal with the State of Iowa's City Development Board. The Board
will consider Asbury's annexation proposal on February 12, and will set it for a public
headng in March.
With the approval tonight, Dubuque's annexation request will be filed with the City
Development Board by week's end. With this filing, the Dubuque annexation proposal
and the Asbury annexation proposal both will be on the Board's February 12 agenda to
be set for public hearings in March.
Our annexation consultants have advised us to request that the Board hold its hearings
on the Asbury and Dubuque annexation requests at the same meeting. With the
approval of the Dubuque annexation proposal tonight, this concurrent schedule is
maintained. Any delay on Dubuque's part at this lime would allow the Asbury proposal
to proceed pdor to Dubuque's request, against our consultant's advice.
Enclosure
DUBUQUE CITY CLER[
55~2~1
FRX NO, 563 589 0890
CITY DF AS'BU~y
P. 0I
01
.~num~5 2004
Maym'&Ci~Cotu~dl
CibyofD~huque
50W, 13~
i~l~ulu~IAS200[
VIA FAX $~9-0g?0
RJS: Ymlr pr0z~sexl voluntary and/nvoI~mtary annexat/o~a
Dear M~yor and Cmmciknembers:
CRy Hell :~65/55~-710~
Public Wmrks 563/556-6410
Fax 563/55/i.2001
On behalf oflhe City Creme/1 o£~ C,{~ of Asbury, I wish lo c~pre~ our oppoait/o~ lo
th~ propos~l ~mexadon you are co?~ider/~g ~m~l the po~s~9~ilhy ora n~gotiated
botmda~ al~rcemeut betwaen As~wy aud D~buqu~ ca~ be worked ~ut wi~Sh, the
r~ex~ few w~lu.
That.~k.~g you for yom' consideration, I am,
~qincerely,
~ch~d A, ~d~on
~f ~Aid Sectio~ 19;
§9~he ea¢, ,[fle of the
sTATE OF IOWA
if salU ~tior
· DUBUQUE COUNTY
{SS:
CERTIFICATION OF PUBLICATION
· , of
Sherri A. Yutzy, a Billing Clerk for Woodward Communications, Inc., an Iowa
icorporation, publisher of the Telegraph Herald,a newspaper of general circulation
' in the City of Dubuque, County of Dubuque and State of Iowa; hereby
, that the attached notice was published in said newspaper on the following
'dates: December 12, 2003, and for which the charge is $150.06.
901
Subscribed to before me, a Notary Public in amd for Dubuque County, Iowa,
this /.~.'~& day ofe~e.-,.¢~./ ,20 _~,.¢_.
Notary Public in and for Dubuque County, Iowa.
Stout PuD c
W. 11th Street
LOf~ and extension thereof
to a po~n~ of intersection
wtil~ the north rline of the
NW ,~ of s~S~io. 30;
a~ong said centerline to the line of the SE
easmny line of Lot A of Lot
'of 1 of-1 of 1 of t (~f the
N R2E,
NW 1/4
~orner of the NW V4 SE
~f sa~d Section 19:
the annbxatior
more
tion 30; -
157 Ther~e ~
reference 'at the
side a cry
tile la~d ~nec~ ~y the con-
se~tfng ~rol~,rty ownem
30
of the
30
Parcel 13o is Lot 2-1 of
R2E
· Parde[,13d ~ Lot 1-1-1 of corner of said NE
*~[~b e SE ~NW ~/~ Section 19 2. ~ce we~edy ~ong
650~ of Eot 1 of
% Section 30 T89N R2E,,
;and Lot 1-2 of the Eas~-
of part of LOf 1 of,~
Sub Section 30 T89N
and Part o~Lot 1-1-1
T~ges
' ParceJ 10
-~ NE ~ of said
Section 25:
21.
of:Section 24 TS9N.
5th P M::
22, Thence
line Lot 2 of'4 of 1 of the 46. Thenc(
SW ~/2 SW ~A of said Sec- eJong the e
36. Ther~c~ n~rthedy
along the westerly',/f~ ~f
the east line of
rt 1
Road;.
52, Thence easterly
said ceofedine
lyihg: oatside the A~bofy
Eot
SW
TE (
DUBUQ1
and
I, Sherd A. Yu
corporation, pu
published in th,
certify that the
dates: Decembe
Subscribed to be
this
MEMORANDUM
TO:
FROM:
SUBJECT:
December 22, 2003
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Annexation Plan for Territory on West Side of Dubuque
Planning Services Manager Laura Carstens is recommending City Council approval of a
voluntary annexation for approximately 700 acres on the west side of Dubuque.
The 2002 Dubuque Comprehensive Plan includes a number of goals and objectives that
incorporate "smart growth" principles that are addressed in this annexation. The
Comprehensive Plan includes goals and objectives supporting annexation of land for
industrial, commercial and residential development that is readily served by City
infrastructure and utilities. The annexation plan 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 new middle school on
Radford Road. This mixed use development adjacent to the industrial park is an
example of "smart growth."
This 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 Dubuque Industrial Center West (DICW). 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 locate in 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
naturally drains to Dubuque. This allows the City to extend gravity sanitary sewer
service and reduces the need for more costly pumping stations. In addition, the City has
adequate capacity at the Water Treatment Plant and the Water Pollution Control Plant
to serve the annexation territory now and when fully developed. The new water tower on
Kennedy Road ensures proper water pressures and volumes for water service and
firefighting.
The City of Dubuque has adequate funds budgeted in the water and sanitary sewer
extension programs to provide municipal water and sewer services to this area within
three years.
The City has received a voluntary annexation request from owners of 642.815 acres in
this area, or 93.2% of the acreage. Owners of 47.184 acres, or 6.8% of the acreage,
will be brought into the City with this annexation without the owners' consent.
According to the State Code, the City can include 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. The City of
Dubuque annexation includes under 7% of this type of property.
If the City Council approves the voluntary annexation, the request will be sent to the
State of Iowa's City Development Board. Dubuque's annexation request will be
reviewed at the Board's February 12, 2004 meeting in Des Moines, at which time the
Board will schedule a public hearing in Dubuque for all the affected property owners and
the County. It is anticipated that this hearing will be on March 10, 2004.
The non-consenting property owners included in the City of Dubuque's voluntary
annexation request have requested annexation to the City of Asbury. The City of Asbury
has approved their petitions, and has submitted their annexation request to the City
Development Board. The Asbury request will be reviewed at the Board's February 12,
2004 meeting.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
MEMORANDUM
December 18, 2003
TO:
FROM:
Michael Van Milligen, City Manager
Laura Carstens, Planning Services Manager-~~'~L'/
SUBJECT: Annexation Plan for Territory on West Side of Dubuque
Introduction
This memo transmits a voluntary annexation, including land without the owner's
consent, for approximately 700 acres on the west side of Dubuque for City Council
approval. Enclosed is a resolution approving the annexation with maps and legal
descriptions of the annexation territory. Also enclosed are the petitions for voluntary
annexation, an Annexation Plan, and a chart that lists the parcel numbers, legal
descriptions, property owners, acreages, and whether the owner has consented to the
voluntary annexation.
The City Council has a public hearing scheduled on the annexation at the regular
January 5, 2004 meeting.
Annexation Process
According to the State Code, the City can include 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 now, the City has received voluntary annexation petitions from the owners of 93%
of the property in the annexation area. These petitions involve nearly 643 acres of land.
After the City Council approves the voluntary annexation on January 5, the request will
be sent to the State of Iowa's City Development Board. Dubuque's annexation request
wilt be reviewed at the Board's February 12, 2004 meeting in Des Moines, at which time
the Board will schedule a public hearing in Dubuque for all the affected property owners
and the County. We anticipate that this hearing will be on March 10, 2004. The Board
must approve this type of annexation request by a four-fifths vote of the members.
Annexation Plan
Page 2 of 3
The non-consenting property owners included in the City of Dubuque's voluntary
annexation request have requested annexation to the City of Asbury. The City of Asbury
has approved their petitions, and has submitted their annexation request to the City
Development Board. The Asbury request will be reviewed at the Board's February 12,
2004 meeting also.
We will ask that the Board hold the public hearing for the Asbury request on the same
date as the Dubuque request.
Pre-Annexation Agreement
The City Council approved a pre-annexation agreement on August 18, 2003. The terms
of the pre-annexation agreement provides certain benefits to property owners who are
voluntarily annexing:
1. A five-year discount on the City portion of property taxes;
2. Interest-free financing for sewer connections to their homes;
3. The extension of certain sewer and water lines when they develop their property;
and
4. The City's support of a change in the DMATS long range transportation plan for
reconstruction of Middle Road to eliminate the reference to a "divided" highway,
Discussion
The 2002 Dubuque Comprehensive Plan includes a number of goals and objectives that
incorporate "smart growth" principles, including efficient use of land, and mixing land
uses, in creating transportation and housing choices, and promoting good urban design.
The annexation plan addresses these "smart growth" principles.
The Comprehensive Plan includes goals and objectives supporting annexation of land
for industrial, commercial and residential development that is readily served by City
infrastructure and utilities. The annexation plan 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 new middle school on
Radford Road.
This 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.
The Proposed Land Use Map of the Comprehensive Plan designates the annexation
area for predominately mixed residential development, with smaller areas for industrial
and commercial uses. This mixed use development adjacent to the industrial park is an
example of "smart growth", and also provides the opportunity to serve as a "model
project" for affordable owner-occupied housing - both top priorities for the City, and
consistent with the Dubuque Comprehensive Plan.
Annexation Plan
Page 3 of 3
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 Dubuque Industrial Center West (DICW). 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
naturally drains to Dubuque. This allows the City to extend gravity sanitary sewer
service and reduces the need for more costly pumping stations. In addition, City has
adequate capacity at the Water Treatment Plant and the Water Pollution Control Plant
to serve the annexation territory now and when fully developed. The new water tower on
Kennedy Road ensures proper water pressures and volumes for water service and
firefighting.
The City of Dubuque has adequate funds budgeted in the water and sanitary sewer
extension programs to provide municipal water and sewer services to this area in the
five-year Capital Improvement Program.
Recommendation
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.
I recommend that the City Council adopt the enclosed resolution approving the
voluntary annexation of approximately 700 acres of land on the west side of Dubuque,
and then direct staff to forward the required documentation to the City Development
Board.
Enclosures
cc Barry Lindahl, Corporation Counsel
Prepared by: Laura Carstens. C~ Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
RESOLUTION NO. 17-04
RESOLUTION APPROVING APPLICATIONS FOR VOLUNTARY ANNEXATION OF
TERRITORY WITH NON-CONSENTING PROPERTY OWNERS
Whereas, various property owners have submitted written applications for
voluntary annexation of approximately 643 acres to the City of Dubuque, Iowa; and
Whereas, in order to avoid the creation of islands and/or to provide more uniform
boundaries it is necessary in the public interest and required by Iowa Code that
approximately 47 acres of land owned by various property owners who have not
consented to the voluntary annexation of said land be included as part of the
annexation territory; and
Whereas, the annexation territory does include approximately 14.5 acres of
Dubuque County right-of-way for adjoining secondary roads; and
Whereas, Iowa Code section 368.5 allows the inclusion of County right-of-way
for adjoining secondary roads; and
Whereas, the annexation territory is not subject to an existing annexation
moratorium agreement; and
Whereas, the annexation territory does not include any State or railroad
property; and
Whereas, Iowa Code section 368.7(1) authorizes the extension of City limits in
situations of this character by adoption of a resolution after notification and public
hearing; and
Whereas, this annexation is consistent with the Comprehensive Plan of the City
of Dubuque, necessary for the future orderly growth and development of Dubuque and
will promote the efficient and cost effective extension of municipal services; and
Whereas, the City of Dubuque has the capacity to provide substantial municipal
services to the annexation territory; and
Whereas, the annexation is in the public interest.
Resolution No. - 04
Page 2
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the applications of the various property owners for voluntary
annexation of approximately 643 acres of territory lying outside of the corporate limits of
the City of Dubuque, Iowa, as shown on Exhibits A, B and C and legally described in
Exhibit D are hereby approved for annexation to the City of Dubuque, Iowa.
Section 2. That the approximately 47 acres of land within the annexation
territory as described in Exhibit D and owned by various property owners who have not
consented to the voluntary annexation of said territory to the City of Dubuque, Iowa, (as
shown on Exhibits A, B and C) are hereby approved for annexation to the City of
Dubuque, Iowa to avoid the creation of islands and/or to create more uniform
boundades.
Section 3. That the approximately 14.5 acres of County-owned road right-of-
way to the centerline of adjoining secondary roads that currently lie outside a city as
shown on Exhibits A, B and C and legally described in Exhibit D are hereby approved
for annexation to the City of Dubuque, Iowa.
Section 4. That, subject to the approval of the City Development Board, the
corporate limits of the City of Dubuque, Iowa, be and they hereby are extended to
include the approximately 704 acres of annexation territory as shown on Exhibits A, B
and C and legally described in Exhibit D.
Section 5. That, subject to the approval of the City Development Board's
approval of the annexation, the City Council of Dubuque, Iowa, does hereby provide for
the transition of the imposition of City taxes against certain property within the
annexation territory as listed in Exhibit E in accordance with the approved annexation
agreement with the owners of said property, in accordance with the tax exemption
schedule provided under Iowa Code section 472B.3, subsections 1 through 5, for the
levy and collection of taxes as follows:
1. For the first year, seventy five percent (75%).
2. For the second year, sixty percent (60%).
3. For the third year, forty-five percent (45%).
4. For the fourth year, thirty percent (30%).
5. For the fifth year, fifteen percent (15%).
Section 6. That the City Council of Dubuque, Iowa, does hereby certify that
the City of Dubuque has complied with the notice and hearing requirements of the Iowa
Code, as amended, pertaining to voluntary annexation of territory with non-consenting
property owners within an urbanized area of another city.
Resolution No. - 04
Page 3
Section 7. That if City Development Board approves this annexation, the
territory hereby annexed shall become a part of the Fifth Precinct of the First Ward of
the City of Dubuque, Iowa.
Section 8. That the City Clerk shall file this resolution, all exhibits and the
applications for voluntary annexation with the State of Iowa in accordance with the
provisions of Chapter 368 of the Iowa Code.
Attest:
Passed, approvee and adopted this 5th day of January, 2004.
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
IcarstenN~p/annex~oluntar~ annexation - Middle Road/annexation resolution.doc
Annexation Exhibit C
Dubuque City Limits
Asbury City Limits
~ Consenting Parcels
Non-Consenting Parcels
CHAV~,
Annexation Exhibit B
City Boundaries
City of Dubuque
N
Parcels 13a - 13q
city water (proposed mains A & E
City water (existing)
City sewer (existing)
City sewer (proposed
collectors A & B)
Callahan sewer collector
(planned)
Asbury city limits
.............. Dubuque city limits
City of Asbury
2
3
City of Dubuque
N
CITY OF DUBUQUE: VOLUNTARY ANNEXATION WITH
NON-CONSENTING PROPERTY OWNERS
EXHIBIT D: LEGAL DESCRIPTIONS
The legal descriptions of the land owned by the consenting property owners are:
Parcel 1 is Lot 1-1-1-1-1 W ~ of the NW ¼ lying N of Road Section 19 T89N R2E, and
Lot 5 SW ¼ Section 18 T89N R2E.
Parcel 2 is Lot 1-1-1-1-1 of the W % of the NW ¼ Lying S of Road Section 19 T89N
R2E, Lot 2-1-1 of the SE ¼ NW ¼ Section 19 T89N R2E, Lot 2-1 of the SE ¼ NW ¼
Section 19 T89N R2E, N % of the NE ¼ SW ¼ Section 19 T89N R2E, N ~ of the NW ¼
SE ¼ Section 19 T89N R2E, NW ¼ SE ¼ Section 24 T89N R1 E, SW ¼ SE ¼ Section
24 T89N R1E, W ~ of the SE ¼ SE ¼ Section 24 T89N R1E, and NE ¼ NW ¼ Section
19 T89N R2E.
Parcel 3 is S ~ of the NW ¼ SE ¼ Section 19 T89N R2E, Lot 1 of the SE ¼ SW ¼
Section 19 T89N R2E, South ~ of the NE ¼ SW ¼ Section 19 T89N R2E, and Lot 1 of
the West 30 Acres of the SW ¼ SE ¼ Section 19 T89N R2E.
Parcel 4 is East 10 Acres of the SW ¼ SE ¼ Section 19 T89N R2E.
Parcel 5 is Lot 1 of the SE ¼ SE ¼ Section 19 T89N R2E.
Parcel 6 is Lot 1-1-1-2 of the NE ¼ NE ¼ Section 30 T89N R2E, and SE ¼ NE ¼
Section 30 T89N R2E.
Parcel 7 is NW ¼ SE ¼ Section 24 T89N RIE, SW ¼ SE ¼ Section 24 T89N R1E, and
W ~ of the SE ¼ SE ¼ Section 24 T89N R1E.
Parcel 11 is Lot 1 of the SW ¼ NW ¼ of Section 30 T89N R2E, and Lot 2 of the SE ¼
NW ¼ of Section 30 T89N R2E.
Parcel 12 is NE ¼ NE ¼ Section 25 T89N R1E, Lot 1-1 of the SE ¼ NE ¼ Section 25
T89N R1 E, and Lot 2 of the SE ¼ NE ¼ Section 25 T89N R1E.
Parcel 13a is Lot 2 of the SE ¼ NW ¼ Section 19 T89N R2E.
Parcel 13b Lot 2 of the SE ¼ SW ¼ Section 19 T89N R2E, and Lot 2 of the W 30 acres
of the SW ¼ SE ¼ Section 19 T89N R2E.
Parcel 13c is Lot 2 of SE ¼ SE ¼ Lot 2 Section 19 T89N R2E.
Parcel 13d is Lot 2-1-2 of the NE ¼ NE ¼ Section 30 T89N R2E.
Page 1 of 6
Parcel 13e is Lot 2-2 of the NE ¼ NE ¼ Section 30 T89N R2E.
Parcel 13f is Lot 1 of the NE ¼ NE ¼ Section 30 T89N R2E and Lot 2-1-1-2 of the NE ¼
NE ¼ Section 30 T89N R2E.
Parcel 13g is Lot 2 of the NW ¼ NE ¼ Section 30 T89N R2E
Parcel 13h is Lot 2-1 of the NW ¼ NE ¼ Section 30 T89N R2E.
Parcel 13i is Lot 2 of the Sub E 10 Acres NE ¼ NW ¼ Section 30 T89N R2E.
Parcel 13o is Lot 2-1 of the SE ¼ NE ¼ Section 25 T89N R1E.
Parcel 13p is Lot 1 of Potts Place lying outside the Asbury city limits in SW ¼ NE ¼
Section 19 T89N R2E.
Parcel 13q is Lot 1-1-1 of the SE ¼ NW ¼ Section 19 T89N R2E.
The legal descriptions of the land owned by the non-consenting property owners are:
Parcel 8 is Lot 1 of the East 901.6' of the North 650' of Lot 1 of A. Tigges Sub of the NW
¼ NW ¼ 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 ¼ NW ¼ Section 30 T89N R2E, and Lot 1-2 of the East 901.6' of
the North 650' of Lot 1 ofA. Tigges Sub of NW ¼ NW ¼ Section 30 T89N R2E.
Parcel 9 is Lot 2 of Part of Lot 1 ofA. Tigges Sub Section 30 T89N R2E, Lot 2-1 of Part
of Lot I of A. Tigges Sub Section 30 T89N R2.E, and Part of Lot 1-1-1 of A. Tigges Sub
of the NW ¼ NW ¼ Section 30 T89N R2E.
Parcel 10 is Southerly 10.25 Acres of Lot 1 of A. Tigges Sub T89N R2E.
Parcel 13j is Lot 1-4-1 of the SW ¼ SW ¼ Section 19 T89N R2E.
Parcel 13k is Lot 2-6-1 of the SW ¼ SW ¼ Section 19 T89N R2E.
Parcel 131 is Lot 2-4-1 of the SW ¼ SW ¼ Section 19 T89N R2E.
Parcel 13m is Lot 1-6-1 of the SW ¼ SW ¼ Section 19 T89N R2E.
Parcel 13n is Lot 4 ofA. Tigges Sub Section 30 T89N R2E, Lot 5 ofA. Tigges Sub
Section 30 T89N R2E.
The legal descriptions of the adjacent Dubuque County right-of-way are:
Right-of-way to the centerline of Asbury Road adjoining the annexation territory and
lying outside a city.
Page 2 of 6
Right-of-way to the centerline of Heacock Road adjoining the annexation territory and
lying outside a city.
Right-of-way to the centerline of Seippel Road adjoining the annexation territory south
of Middle Road and lying outside a city.
Right-of-way to the centerline of Middle Road adjoining the annexation territory and
lying outside a city.
The legal description of the exterior boundary of the annexation area is more particularly
described as follows:
Commencing as a point of reference at the Northeast corner of the Northeast quarter of
Section 30, Township 89 North, Range 2 East, of the 5th Principal Meridian in Dubuque
County, Iowa, said point being the point of beginning;
1. Thence southerly along the east line of the NE ¼ of said Section 30 to the SE corner
of said NE ¼;
2. Thence westerly along the south line of the SE ¼ of the NE ¼ of said Section 30 to
the SW corner of said SE ¼ NE ¼;
3. Thence northerly along the west line of the SE ¼ NE ¼ and NE ¼ NE ¼ of said
Section 30 to the north line of the NE ¼ of said Section 30;
4. Thence westerly along the north line of the NE ¼ of said Section 30 to a point of
intersection with the east line of Lot 2 of the NW ¼ NE ¼ of said Section 30 extended
northerly;
5. Thence southerly along the said east line and extension thereof to the southeast
corner of said Lot 2 of the NW ¼ NE ¼ of said Section 30;
6. Thence westerly along the south lines of Lot 2 and Lot 2 of 1 of said NW ¼ NE ¼ to
the SW corner of said Lot 2 of 1;
7. Thence northerly along the west line of said Lot 2 of 1 to the north line of the NE ¼ of
said Section 30;
8. Thence westerly along said north line to the NE corner of the NW ¼ of Section 30,
T89N, R2E, 5th P.M., Dubuque County, Iowa;
9. Thence westerly along the north line of the NW ¼ of said Section 30 to a point of
intersection with the east line of Lot 2 of the east 10 acres of the NE ¼ of the NW ¼ of
said section 30 extended northerly;
10. Thence southerly along said east line to the southeast corner of said Lot 2;
11. Thence westerly along the south line of said Lot 2 to the southwest corner of said
Lot 2;
12. Thence northerly along the west line of said Lot 2 and extension thereof to a point of
intersection with the north line of the NW ¼ of said Section 30;
13. Thence westerly along said north line to the NW corner of the NE ¼ NW ¼ of said
Section 30;
14. Thence southerly along the west line of said NE ¼ NW ¼ to the SW comer of said
NE ¼ NW ¼ said point also being the NE comer of Lot 2 of the SW ¼ NW ¼ of said
Section 30;
Page 3 of 6
15. Thence westerly along the north line of said Lot 2 to the NW corner of said Lot 2;
16. Thence southerly along the west line of said Lot 2 to the SW corner of said Lot;
17. Thence easterly along the south line of said Lot 2 and north line of Lot 2 of the SE ¼
NW ¼ in Section 30 to the northeast corner of said Lot 2 of the SE ¼ NW ¼ in said
Section 30;
18. Thence southerly along the east line of said Lot 2 of the SE ¼ NW ¼ to the south
line of the NW ¼ of said Section 30;
19. Thence westerly along said south line to the SW corner of the NW ¼ of said Section
30 said point also being the SE comer of the NE 1/4 of Section 25, T89N, R1E, 5th P.M,
Dubuque County, Iowa;
20. Thence westerly along the south line of the NE ¼ of said Section 25 to the SW
corner of Lot 1 of 1 of the SE ¼ NE ¼ of said Section 25;
21. Thence northerly along the west lines of the SE ¼ NE ¼ and the NE ¼ NE ¼ to the
north line of the NE ¼ of said Section 25; said point also being on the south line of the
SE ¼ of Section 24, T89N, R1E, 5th P.M.;
22. Thence westerly along the south line of the SE ¼ of said Section 24 to the
southwest corner of the SE ¼ of said Section 24;
23. Thence northerly along the west line of said SE ¼ to the northwest comer of said
SE ¼;
24. Thence easterly along the north line of said SE ¼ to the NE corner of the NW ¼ SE
¼ of said Section 24;
25. Thence southerly along the east line of said NW ¼ SE ¼ to the northwest comer of
the West ~ of the SE ¼ SE ¼ of said Section 24;
26. Thence easterly along the north line of said W ~ to the NE corner of said W ~ of SE
¼ SE ¼;
27. Thence southerly along said W ~ to the south line of the SE ¼ of said Section 24;
28. Thence easterly along the south line of the SE ¼ of said Section 24 to the SE corner
of the SE ¼ of said Section 24 said point also being the NW corner of the NW ¼ of
Section 30, T89N, R2E, 5th P.M.;
29. Thence southerly along the west line of the NW ¼ of Section 30, T89N, R2E, 5th
P.M. to a point of intersection with the south line of Lot 2 ofA. Tigges Subdivision in the
NW ¼ NW ¼ of said Section 30 extended westerly;
30. Thence easterly along the south line of Lot 2 and Lot 3 of said A. Tigges Subdivision
to the southeast corner of said Lot 3;
31. Thence northerly along the east line of said Lot 3 and extension thereof to the north
line of the NW ¼ NW ¼ of said Section 30, said line also being the south line of the SW
¼ SW ¼ of Section 19, T89N, R2E, 5th P.M.;
32. Thence easterly along said south line to a point of intersection with the west line Lot
2 of 4 of 1 of the SW ¼ SW ¼ of said Section 19;
33. Thence northerly along the westerly line of Lot 2 of 4 of 1 and Lot 1 of 4 of 1 to the
northwest corner Lot 1 of 4 of I of the SW ¼ SW ¼ of said Section 19;
34. Thence easterly along the northerly line of said Lot 1 of 4 of I to the NE comer of
said Lot;
35. Thence southerly along the east line of said Lot 1 of 4 of I and Lot 2 of 4 of 1 to a
point of intersection with the south line of the SW ¼ of said Section 19;
Page 4 of 6
36. Thence easterly along said south line to a point of intersection with the west line of
Lot 1 of 6 of 1 of the SW ¼ SW ¼ of said Section 19;
37. Thence northerly along the westerly line of said Lot 1 of 6 of 1 and Lot 2 of 6 of 1 to
the northwest corner of Lot 2 of 6 of 1 of said SW ¼ SW ¼;
38. Thence easterly along the north line of said Lot 2 of 6 of 1 to a point of intersection
with the west line of Lot 1 of the SE ¼ SW ¼ of said Section 19;
39. Thence northerly along the west line of Lot 1 of the SE ¼ SW N and NE ¼ SW ¼ to
a point of intersection with the south line of the NW ¼ of Section 19, T89N, R2E, 5th
P.M.;
40. Thence westerly along said south line to the SW corner of Lot 1 of 1 of 1 of 1 of 1 of
the West fractional ¼ of said NW ¼ except the west 50-feet of the south 208.71~feet of
Lot 1 of 1 of 1 of 1 of said West fractional ~ of said Section 19 lying south of Asbury
Road;
41. Thence northerly along the west line of said Lot 1 of 1 of 1 of 1 of 1 to a point of
intersection with the centerline of Asbury Road;
42. Thence westerly along said centerline to the easterly line of Lot A of Lot 1 of 1 of 1
of 1 of 1 of the West fractional ~ of the NW ¼ of said Section 19 lying north of Asbury
Road extended southerly;
43. Thence northerly along the east line of said Lot A Lot 1 of 1 of 1 of 1 of 1 of the
West fractional ~ of the NW ¼ of said Section 19 lying north of Asbury Road to the
north line of the NW ¼ of said Section 19; said line being the south line of the SW ¼ of
Section 18, T89N, R2E, 5th P.M.;
44. Thence continuing northerly along the east line of Lot A of Lot 5 of the SW ¼ of said
Section 18 to the north line of said Lot 5;
45. Thence easterly along said north line to the NE corner of said Lot 5 of said Section
18;
46. Thence southerly along the east line of said Lot 5 to a point of intersection with the
north line of the NW ¼ of Section 19, T89N, R2E, 5th P.M.;
47. Thence continuing southerly along the east line of Lot 1 of 1 of 1 of 1 of 1 of the
West fractional ~ of the NW ¼ of said Section 19, except the west 50-feet of the south
208.71-feet of Lot 1 of 1 of 1 of 1 of said West fractional ~ extended southerly to the
center line of Asbury Road;
48. Thence easterly along said centerline a point of intersection with the east line of the
West fractional % of the NW ¼ of said Section 19;
49. Thence northerly along said east line to the north line of the said NW ¼;
50. Thence easterly along said north line to the NE corner of the NE ¼ NW ¼ of said
Section 19;
51. Thence southerly along the east line of the NW ¼ of said Section 19 to a point of
intersection with the centerline of Asbury Road;
52. Thence easterly along said centerline to the northeast corner of that part of Lot 1 of
Ports Place, lying outside the Asbury City limits in the SW ¼ NE ¼ of said Section 19
(formerly platted as the NE corner of Lot 2 of 1 of 1 of 1 of said SW ¼ NE ¼);
53. Thence southerly along the east line of that part of said Lot 1 lying outside the
Asbury City limits to the SE corner of the said Lot formerly platted as Lot 2 of 1 of 1 of 1
of said SW¼ NE 1/4;
Page 5 of 6
54. Thence westerly along the south Fine of that portion of said Lot 1 lying outside the
Asbury City limits also being the south line of said former Lot 2 of I of I of I to a point of
intersection with the east line of the SE ¼ NW ¼ of said Section 19;
55. Thence southerly along said east line to NW comer of the NW ¼ SE ¼ of said
Section 19;
56. Thence easterly along the north line of the SE ¼ of said Section 19, to the NE
corner of the NW ¼ SE ¼ of said Section 19;
57. Thence southerly along the east line of the NW ¼ SE ¼ to the NW corner of the SE
¼ SE ¼ of said Section 19;
58. Thence easterly along the north line of said SE ¼ SE ¼ to the northeast corner of
said SE ¼ SE ¼;
59. Thence southerly along the east line of the SE ¼ of said Section 19 to the SE corner
of said Section, said point also being the NE corner of Section 30, T89N, R2. E, 5th P.M.
Dubuque County, Iowa and the point of beginning.
Page 6 of 6
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 42.15 acres of property located
along Asbury Road, legally 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,
Te~en~G. Bahl
..Lind~ C. Bahl
Dated August/_~., 2003
Martin O. Ba~l
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 VV 1/2 NW Lying S of Road Section
t9 T89N R2. E;. Lot: 2-1-1 & Lot 2-1 ~E N14 Section 19 T8~N. R2E; N1/2 of the N'E 5W
Section 19 T89N R2E; N1/2 of the NW 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 R1 E; NE NW
Section 19 T89N R2E in Dubuque County, Iowa, request annexation of this properbj to
the City of Dubuque, Iowa. This parcel is ~2 on the Annexation Exhibit A map enclosed
for your information.
_ Sincerely,
q..~ilfre~l R'. B{~hl, Jr.
I~iB'k4dual and gene. ral partner
V~c~ Bahi-~'~ ' ' ~-
Spouse
Dated August /3,2003
Ten'once G. Bahl
Individual and general partner
Dated August /L}, 2003
Dated August /=~_~, 2003
Indig~u~l d~d general partner
Dated August /~.., 2003
,)~ice Bahl
Spouse
Dated August ( '~, 2003
Bahl Family Annexation Request
Page 2 of 2
Mar~in J. Ba
Individual a~d general partner
Dated August ,2003
Marie Miller
Individual and general partner
Dated August 1 '~ , 2003
Spouse
~3ate~August /5,2003
Charles Miller
Spouse
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, Eldon & Loretta Bahi, owners of 108.35 acres of property along Middle
Road, legally describe~ as the South 1/2 of the NW SE Section 19 T89N R2E;
Lot 1_of the SE of the SW Section 19 T89N R2E; South 1/2 of the NE SW
Section 19 T89N R2E; Lot 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. Baht
Lorett~ C. Bahl
Dated August f'% , 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, 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, Iowa. This parcel is #4 on the Annexation Exhibit A map
enclosed for your information.
Sincerely,
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:
1, 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 is
#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,
Marityn Bl~e
Dated August t ~L , 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
Dated August ~]¢, 2003 Dated August J__~, 2003
The Honorable Mayor & City CoundlMembers
City of Dubuque
City Hall-50W. 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 RIE; SW SE
Section 24 T89N RIE; W 112 SE SE Section 24 T89N RIE 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
artin J. Bal'~
Dated August /.? , 2003
Dated August /__~, 2003
Callahan Construction, Inc.
12831 Noble Ridge
Dubuque, Iowa 52002
563-588-4273
June 30, 2003
Honorable Mayor Terry Duggen end Council Members
City of Dubuque
50 West I3~ Slreet
Dubuque, Iowa 520014845
Re: Request for Volenta~ Annexation
Dear M_r. Mayor Terry Duggen end Council Members:
I am requesting the mmexation of property legally described as Lot 1 of the south west % of the
north west i/, end Lot 2 of the south east ¼ of the north west ¼ in Section 30, Township 89 North,
Range 2 East of the 5~ p.m. in Dubuque County, Iowa. This applicafon is concurrent with
rezoning oftbe above property. The 40 acre parcel east of Seippel Road mad north of the
Dubuque Industrial Center West is eurrendy coumy R-2. I am requesting a change to a
combination of CS Commercial Service end 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 single family affordable
residential lots, I0 commemial lots end 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
lot~.
The residential portion of this development is planned for starter homes in the price range of
$100,000.00 to $140,000.00 to serve families in the 85% of medien family income bracket.
I feel thru this development will provide more affordable alternatives end 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 ConsUmction, Inc. is respectfully
requesting the City of Dubuque's assistance and support to facilitate the development.
Thank you for your time and considemfiom
Sincerely,
Joel M. Caliahen, President
This parcel is #11 on the Annexation Exhibit A map enclosed for your informat'on.
The Honorable Mayor & City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque fA 52001
RE: Voluntary Annexation Request
Dear Mayor & City Council Members:
I. Joel Callahan, President, Callahan Construction Inc., owner of 74.94 acres of
property along Middle Road, legally described as NE NE Section 25 T89N R1 E;
Lot 1-1 SE NE Section 25 T89N R1E; Lot 2 SE NE Section 25 T89N RIE 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 Distdct
and LI Light Industrial District as shown on the enclosed aerial photo.
Sincerely,
Jo~['~a han, President
Callahan Construction Inc.
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. 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. This parcel is #13a on the Annexation' Exhibit A map enclosed
for your information.
rely,
Charles M. Miller
Marie C. Miller
Dated August /~003
Dated August ~'~,, 2003
The Honorable Mayor & City Council Members
City of Oubuque
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 map enclosed for your information.
Sincerely,
'M~'~'k A: B~hl"
Dated August/~, 2003
Dated August /o?~, 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, legally 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 ma p enclosed
for your information.
Sincerely,
Mark L. PasKer
/~,maelia L. Pasker
Dated August I ~, 2003
Dated August /4~ , 2003
The Honorable Mayor & City Council Members
City of Dubuque
City Hall- 50 W. 13~ Street
Dubuque IA 52001
RE: Voluntary Annexation Request
Dear Mayor & City Council Members:
We, Francis J. & Dadene 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 Dubuc, ue 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 Mcdonald
Darlene McDonald
Dated August /~, 2003
Dated August /z/, 2003
R~ 13 03 05:07p Plannin~ 31e-588-~22! ~.3
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:
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 parcel is #13e on the Annexation Exhibit A map enclosed for your
information.
Sincerely,
Kimmi~ Heins
Dated August /..-~, 2003 Dated August /.~ , 2003
The Honorable Mayor & City Council Members
City of Dubuque
City Halt - 50 W. 13th Street
Dubuque IA 52001
Cll~ OF DUBUQUE
_PLANNING SERVICES DEPARTUENT
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 NE NE Section 3o T89N R2E and
Lot 2-1-1-2 of the NE NE Section 30 T89N R2E in Dubuque County, Iowa
request annexation of this property to the City of Dubuque, Iowa. This parcel is
#13f on the Annexation Exhibit A map enclo(~_~Rf~ation.
Sincere,y, ,¢ /
-/D~ugl~ritsch ' k....~- ' -' ---~n~rits~ch
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 bf property along Middle .Road, legally
described as Lot 2 of the NW NE Section 30 T89N R2E in Dubuque County,
Iowa, request annexation of this property to the City of Dubuque, iowa. This
parcel is #13g on the Annexation Exhibit A map enclosed for your information.
Sincerely,
Elaine M. White
Dated August //7~/, 2003
The Honorable Mayor & City Cou ncil 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 in
Dubuque County, Iowa, request annexation of this proper'[y to the City of
Dubuque, Iowa. This parcel is #13h on the Annexation Exhibit A map enclosed
for your information.
Sincerely,
Lloyd C. StefferV'/
· Steffen ~ ¢
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. Allen F. & Mary Ann Lex, owners of 0.52 acre of property along Middle
Road, legally described as Lot 2 Sub F_ 10 Acres NE NW Section 30 T89N R2E
in Dubuque County, Iowa, reauest annexation of this property ~e the City of
Dubuque, Iowa. This parcel is #13i on the Annexation Exhibit A map enclosed
for your information.
Sincerely,
Allen F. Lex
Mary Ar~ Lex
Dated August/_7~, 2003 Dated August ~)Z_/L , 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, Kenneth R. & Maudne 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 parcel is #130 on the Annexation Exhibit A map enclosed
for your information.
Sincerely,
J.,~enneth R. Harris
Ma~rine D, Hards
Dated S~~-~ , 2003 ' Dated September Z~ , 2003
The Honorable Mayor & City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Volunt.ary 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 Ports Place lying outside the Asbury city limits in su NE
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,_~~.
Ge n"e' J. Potts
J,~n A. Potts
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, 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 L. B¢¢' "-
Dated August / 5 , 2003 Dated August ,/¢-¢, 2003
Annexation Plan
for Territory on
West Side of Dubuque
City of Dubuque, Iowa
Prepared by
Planning Services Department
December, 2003
Annexation Plan for Territory on West Side of Dubuque
INTRODUCTION
This Annexation Plan is for a voluntary annexation, including land without the owner's consent,
for approximataly 704.5 acres on the west side of Dubuque. The annexation territory includes
29 distinct parcels. Petitions have been received for voluntary annexation of 21 of these parcels,
encompassing neady 643 acres of land and representing approximately 93% of the property in
the annexation territory. An additional 47 acres split among 10 parcels have been included
without the owners' consent to avoid creation of an "island" and to provide more uniform
boundades.
ANNEXATION TERRITORY
The enclosed petitions for voluntary annexation refer to parcel numbers assigned by the City of
Dubuque for the annexation territory. All enclosed maps include the parcel numbers assigned
by the City of Dubuque. The map labeled Annexation Exhibit A shows the relationship of the
annexation territory to the corporate limits of the City of Dubuque. The map labeled Annexation
Map Exhibit B shows the relationship of the annexation territory to the corporate limits of the
City of Dubuque and the City of Asbury. The map labeled Annexation Exhibit C shows the
consenting and non-consenting parcels within the annexation territory.
The enclosed chart lists the City parcel number, County parcel ID number, legal description,
acreage, property owner name and address, and whether the owner has consented to the
voluntary annexation.
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 Iowa Code. The legal
descriptions and acreages of these County rights-of-way are listed in the enclosed chart. An
annexation boundary legal description and a map labeled Annexation Map Overall Boundary
also are enclosed.
Annexation Plan
Page 2 of 9
The majodty of annexation territory naturally drains to Dubuque. This allows the City to extend
gravity sanitary sewer service and reduces the need for more costly pumping stations.
The area north of Middle Road and south of Asbury Road (parcels 3, 4, 5, 13b, 13c, 13j, 13k,
131, 13m and southern portion of parcel 2) is included in the annexation plan because:
· Petitions for voluntary annexation were received for the vast majodty of the area.
· It drains naturally to Dubuque.
· It is shown on the Proposed Land Use Map of the 2002 Dubuque Comprehensive Plan
as a potential growth area.
· Exclusion of this area would create an island.
The area north of Asbury Road (parcel 1 and northern portion of parcel 2) is included because:
· Petitions for voluntary annexation were received for all of the area.
· It can be served with a sewer pumping station by the City of Dubuque.
· Exclusion of this area would create an island.
The area north of Middle Road and west of Seippel Road (parcel 7) is included because:
· A petition for voluntary annexation was received for area.
· It drains naturally to Dubuque.
· Exclusion of this area would create an island.
VOLUNTARY ANNEXATION PROCESS WITH NON-CONSENTING OWNERS
The City of Dubuque initially received requests from several property owners to annex
approximately 500 acres of farmland along Middle Road, Seippel Road and Asbury Road. By
honoring these requests, however, City staff determined that an "island" of land would be
created within the County surrounded by the city limits of Asbury and Dubuque.
According to the Iowa Code, the City can include this land without the owner's consent to avoid
creating an island and/or 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.
Annexation Plan
Page 3 of 9
To eliminate the creation of this "island" of County land, the Dubuque City Council directed City
staff to contact the remaining property owners to inform them of the voluntary annexation
requests received, to ask them if they would like to join in the voluntary annexation, and to offer
them incentives to annex voluntarily to the City of Dubuque. As of August 18, 2003, the City had
received voluntary annexation petitions from the owners of approximately 93% of the property in
the annexation area. These petitions involve nearly 643 acres of land.
To complete this annexation in accordance with the Iowa Code, the City also will need to annex
the remaining 7% of the property in the annexation area without the owners' consent. These
are smaller properties, pdmadly with single family homes. The Iowa Code does not allow a City
to annex just the large farms, and leave the smaller lots in the County. The non-consenting
parcels involve about 47 acres of land.
CONSULTATION 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. The
City consultation was held on October 16, 2003. Members of the Dubuque County Board of
Supervisors and the Trustees for Dubuque and Center Townships were invited to the
consultation. Correspondence with the Supervisors and Trustees and minutes of the meeting
are enclosed. The Dubuque County Board of Supervisors chose to take no action on the
voluntary annexation request.
ANNEXATION AGREEMENT
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 Council approved a pre-annexation agreement on August 18, 2003. The City offered
two incentives for the owners of the smaller properties to voluntarily annex:
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.
Annexation Plan
Page 4 of 9
The terms of the pre-annexation agreement provides certain benefits to the owners of larger
properties who are voluntarily annexing:
· 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 transportation plan for
reconstruction of Middle Road to eliminate the reference to a "divided" highway.
The Iowa 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.
Five-Year Discount on City Property Taxes
The higher property tax rate in the City of Dubuque compared to the County's rural levy was a
concern to the property owners. For all properties voluntarily annexing, the City of Dubuque
offered a transition for the imposition of City property taxes. The property owners 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.
Sanitary Sewer Connection
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 propedy 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.
Annexation Plan
Page 5 of 9
To address this concern, the City Council approved 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.
For all properties, the City also agreed to a delay of the special 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.
Interest-free financing for sewer connections to their homes and the extension of certain sewer
and water lines when they develop their property 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 is filed and approved by the City Council.
Water Connection
The annexation plan includes the extension of water mains along Middle Road and Seippel
Road to serve the annexation territory as it develops. The City of Dubuque does not require
connection to City water unless the property owner desires service. The property owner is also
responsible for the cost and the installation of the private service connector from the City main
to the home or building.
Reconstruction of Middle 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. Dubuque 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.
Annexation Plan
Page 6 of 9
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 mad with left and dght turn lanes at intersections.
To address this concern, the City agreed to 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
centedine.
TRUCK TRAFFIC ON MIDDLE ROAD AND SEIPPEL ROAD
A concern of property owners along Middle Road and Seippel Road was how the City of
Dubuque would handle the amount of truck traffic on these roads.
The City designates truck mutes throughout the community for trucks registered for a gross
weight limit exceeding ten thousand pounds (5 tons). These trucks must travel over marked
highways when operating in the City except when the destination is in the City on a street that is
not the highway. To get to this destination, the truck must use the closest and most direct route.
The City Manager is authorized to designate and establish by appropriate signs alternate truck
routes 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 City has acquired the necessary right-of-way and has budgeted to complete the connection
of Chavenelle Road from where it ends near Radford Road to where it ends in the new industrial
park off Seippel Road, the Dubuque Industrial Center West. VVhen completed, Chavenelle
Road will provide a truck route from the Northwest Artedal (Iowa 32) to Seippel Road and
Dodge Street (U.S. 20) that should also help pull trucks off of Middle Road and Seippel Road
north of the Dubuque Industrial Center West.
Annexation Plan
Page 7 of 9
WATER AND SEWER CAPACITY
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 naturally drains to
Dubuque. This allows the City to extend gravity sanitary sewer service and reduces the need
for more costly pumping stations.
The City has adequate capacity at the Water Treatment Plant and the Water Pollution Controt
Plant to serve the annexation territory now and when fully developed. The new water tower on
Kennedy Road ensures proper water pressures and volumes for water service and firefighting.
The City of Dubuque has adequate funds budgeted in the water and sanitary sewer extension
programs to provide municipal water and sewer services to this area in the five-year Capital
Improvement Program.
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 Road to Seippel Road.
FIRE, POLICE AND EMERGENCY SERVICES
The City of Dubuque's response times for fire, police and emergency services will be
comparable to or better than the response times of the County and volunteer services that
currently are provided to this area. The completion of Chavenelle Road within the next three
years will help to improve these response times.
The 'City has a full-time Fire Department, which provides fire prevention, fire suppression,
hazardous materials, ambulance, paramedic and emergency first responder services.
The City has identified that an additional outdoor warning siren and an additional or relocated
fire station may be needed in the future as the community develops to the west. The Fire
Annexation Plan
Page 8 of 9
Department will complete an analysis to determine whether a new or relocated fire station will
best serve this area.
The City has a full-time Police Department. The Dubuque Police Department will incorporate
this area into its existing beat territories upon annexation. As the area 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 response times.
SMART GROVV'rH PRINCIPLES
The 2002 Dubuque Comprehensive Plan includes a number of goals and objectives that
incorporate "smart growth" principles, including efficient use of land, and mixing land uses, in
creating transportation and housing choices, and promoting good urban design.
The proposed annexation addresses these "smart growth" principles.
The Comprehensive Plan includes goals and objectives supporting annexation of land for
industrial, commercial and residential development that is readily served by City infrastructure
and utilities. The annexation plan 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 new middle school on Radford Road.
This 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 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 Dubuque Industrial Center West.
The Proposed Land Use Map of the Comprehensive Plan designates the annexation area for
predominately mixed residential development, with smaller areas for industrial and commercial
Annexation Plan
Page 9 of 9
uses. This mixed use development adjacent to the industrial park is an example of "smart
growth", and also provides the opportunity to serve as a "model project" for affordable owner-
occupied housing - both top priorities for the City, and consistent with the Dubuque
Comprehensive Plan.
Water and sanitary sewer services are available to serve the annexation area. The City's
Capital Improvement Program has adequate funds available for extension of sanitary sewer and
water to serve this area. In addition, City has adequate capacity at the water plant and the water
pollution control plant to handle this additional land.
CONCLUSION
This annexation proposal is a classic "80/20" voluntary annexation that fits the statutory intent of
the Iowa Code.
Various property owners have submitted wdtten applications for voluntary annexation of
approximately 643 acres to the City of Dubuque. In order to avoid the creation of "islands"
and/or to provide more uniform boundaries, it is necessary in the public interest and required by
Iowa Code that approximately 47 acres of land owned by vadous property owners who have not
consented to the voluntary annexation of said land be included as part of the annexation
territory.
This annexation is consistent with the Comprehensive Plan of the City of Dubuque, is necessary
for the future orderly growth and development of Dubuque, and will promote the efficient and
cost effective extension of municipal services.
The City of Dubuque has the capacity to provide substantial municipal services to the
annexation territory.
The annexation is in the public interest. The City of Dubuque is poised to provide City services
to the area in a cost-effective manner, reflecting good utilization of public resources.
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 Bahl & 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 1/2 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 N1/2 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 Baht - 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 1 of the West 30 Acres of the SW SE Section 19 T89N R2E 29.0301 Dubuque, IA 52002
4 10.19.400.006 East 10 Acres of the SW SE Section 19 T89N R2E 10.006 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 Marilyn Blake
5225 Valley Forge Road
Asbury, IA 52002
6 10.30.226.004 i 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 09.24.40t.001 NW SE Section 24 T89N RIE 40.000 Terrence Bahl & Martin & Linda Bahl
09.24.451.001 SW SE Section 24 T89N R1E 40.000 14701 Asbury Road
09.24.476.001 W 1/2 SE SE Section 24 T89N R1E 19.500 !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 Harold 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 ofA. 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 ofA. 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 ofA~ 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 of A. Tigges Sub 10.250 Rosean Mary Schromen Wilson X
Section 30 T89N R2E 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 Callahan 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
09.26.277.001 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 ofthe SW SW Section 19 T89N 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 ofA. Tigges Sub Section 30 T89N R2E 0.500 Mary Krabbenhoft X
10.30.101.004 Lot 5 ofA. Tigges Sub Section 30 T89N R2E 0.500 14926 Middle Road
Dubuque, IA 52002
13o 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 t0.19,252,012 Lot 1 of Ports Place lying outside the Asbury city limits in 0,670 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 Seippel Road adjoining the annexation territory south of Middle Road and lying outside a city 3.847
Right-of-way to the centedine 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
Douglas
& Dianne Fritsch
14238 Middle Rd.
Dubuque, Iowa 52002
Home Phone 563557-8348
Honorable Mayor Terry Duggan &
City Council Members
5O West 13th St.
Dubuque, Ia. 52001
Dear Mayor Duggan and City Counc/1 Members,
November 23, 2003
In ~uly of this year my wife Dimme and I were approached by representatives of the city of
Dubuque in regards to annerafion into the city of our county home. Gus Psihoyos, Laura
Carstens, and 1W~ke Van 1V~lligen thoroughly explained that several owners of larger tracts of land
wished to armex into .the city of I)ubuque to realize some future land development goals of theirs.
If the'~ land was annexed alone, it would create islands of county land.within the city limitS; which
by lawis not p~miss~ble. Therefore Dianne; myself, and my neighbors were beingaSked to
volmatan~ annex into the city.
Tak'i~g into consideration all that the City of DUbuqne 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
ei~ sewer, which for my wife and I will be m~ndatory. Other reasons include higher taxes, losses
ofpersonsl freedoms, and road expansions when traffic counts become too high for tim 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%ur more of the/and being annexed we would be annexed involuntarily. Further more
we would not be given the benefits the City of Dubuque was go,ag to give those who vokmtarily
annexed in ( Lc. deferring the cost of hook,nS into the city sewer until the house was sold or
otherwise disposed o~ and the five year tax progression to full city taxes).
Diatme 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 expanses incurred by a ~,,~y 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 inciuded a notation on'the voluntary
annexation form. We were told by'the City.Attorney and tvffl~ Van Milligen .that this'was not'
allowed. It was also. suggested to me by 1Vf_tke'Van Mfll~gen we should cut ~our losses and just
sign the letter..:
· i~,,~ m a posmon where we dian 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.
the situation. Not near enough time to gather and comprehend all of the information and
I was raised in the city of Dubuque and was lw. woht 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 will 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 fi~ncial burden placed upon those of us who stand to
gain nothing but lose plenty.