City DevelopBd Annex Asbury etc
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BEFORE THE CITY DEVELOPMENT BOARD
STATE OF IOWA
IN THE MATTER OF THE VOLUNTARY
ANNEXATION OF THE CITY OF ASBURY
WITHIN THE URBANDIZED AREA OF THE
CITY OF DUBUQUE
NO. UA03-60 ASBURY
RULING ON MOTION TO DISMISS
TO:
Cities of Asbury and Dubuque, Dubuque County Board of Supervisors, Dubuque County
Attorney, East Central Intergovernmental Association, Iowa Attorney General, Iowa
Department of Transportation and affected public utilities.
STATEMENT OF THE CASE
The City of Asbury filed its request for City Development Board approval of annexation of
territory within the urbanized area of Dubuque on December 16, 2003. Notice of City
Development Board review of the request and owner's application was given on
January 20, 2004, and the Board considered the matter at its February 12, 2004, meeting. A
Motion to Dismiss the annexation request was filed by the City of Dubuque on February 5, 2004.
The Board further considered the annexation proposal and Motion to Dismiss at a
teleconference meeting on February 26, 2004, and its regular meeting on March 11, 2004.
The City Development Board, having considered the City's request for approval, the
property owner's application, and the Motion to Dismiss hereby makes the following findings of
fact, conclusions of law and ruling:
FINDINGS OF FACT
1. On August 13, 2003, by written application, which included a map, Donald J. Cogan and
Luella C. Cogan; Mary M. Krabbenhoft; Stanley K. Ward and LouAnn Ward; Rosean M.
Schromen; Harold Nimmick; Wayne G. Siebert; Peter G. Henkels; Karen Lee Cogan
requested the City of Asbury to annex the following described property owned by them
and located in Dubuque County, Iowa:
The proposed annexation territory is described in Appendix A
attached hereto and by this reference made a part of.
UA03-60 Asbury Findings of Fact
Prepared by: Steven R. McCann, Administrator 515/242-4719
Iowa Economic Deveiopment / City Development Board
200 E Grand Avenue / Des Moines. Iowa 50309
2. On August 25, 2003, the City of Asbury published in an official county newspaper notice
of the City Council's meeting on September 5, 2003, to consider the application for
voluntary annexation.
3. On August 15, 2003, the City of Asbury provided a copy of the application for voluntary
annexation to the City of Dubuque, Dubuque County Board of Supervisors, East Central
Intergovernmental Association, Iowa Department of Transportation, and affected public
utilities.
4. By resolution dated November 25, 2003, which contained a legal description, the City
Council of Asbury voted to annex the subject property.
5. The area to be annexed is within two miles of the City of Dubuque and is therefore within
its urbanized area.
6. The area to be annexed has a common boundary with the City of Asbury of more than 50
feet.
7. The area to be annexed does not contain railroad right-of-way.
8. On December 16, 2003, the City requested the City Development Board to approve the
annexation of the territory described in finding number one. Said request included a
copy of the owner's application, map and City Council resolution.
9. On January 20, 2003, the City Development Board notified, by mail, the City of Asbury
and Dubuque, Dubuque County Board of Supèrvisors, Dubuque County Attorney, East
Central Intergovernmental Association, Iowa State Attorney General, Iowa Department of
Transportation and affected public utilities of the proposed annexation and request for
approval. Said notice invited oral and written evidence relative to the proposed
annexation.
10. On January 9, 2004, the City of Dubuque, Iowa, filed a proposal for voluntary annexation,
Case File No. NC04-03, with the City Development Board that included common territory
with the application submitted by Asbury.
11. On February 5, 2004, The City of Dubuque filed a Motion to Dismiss UA03-60 Asbury.
12. On February 6, 2004, the City Development Board mailed a copy of the Motion to
Dismiss to the City of Asbury and Dubuque, Dubuque County Board of Supervisors,
Dubuque County Attorney, East Central Intergovernmental Association, Iowa State
Attorney General, Iowa Department of Transportation and affected public utilities. Said
notice stated that the Board would consider the Motion at its February 12, 2004, board
meeting.
UAO3-60 Asbury Findings of Fact
Prepared by: Steven R. McCann, Administrator 515/2424719
Iowa Economic Development 1 City Development Board
200 E Grand Avenue 1 Des Moines. Iowa 50309
13. At its February 12, 2004, the Board noted that approval of the Asbury annexation would
create an island. The Board further notes that the land that would become an island was
part of the land proposed to be annexed to Dubuque. At this meeting the Board tabled
the Motion to Dismiss and the application for annexation and scheduled a teleconference
to be held February 26, 2004, for the Board to determine how to proceed with further
consideration of the annexation proposals and Motion to Dismiss.
14. On February 18, 2004, the City Development Board notified by mail the City of Asbury
and Dubuque, Dubuque County Board of Supervisors, Dubuque County Attorney, East
Central Intergovernmental Association, Iowa State Attorney General, Iowa Department of
Transportation and affected public utilities of the February 26, 2004, teleconference.
15. At the February 26, 2004, meeting the Board requested the Cities of Asbury and
Dubuque to discuss the issues of the common territory and potential creation of an island
and to identify a possible solution between the two cities and report back to the Board at
the March 11, 2004, meeting. The Board also set a date for a hearing on April 1, 2004,
noting that it would determine the scope of the hearing at the March 11, 2004, board
meeting.
16. On March 1, 2004, the City Development Board notified by mail the City of Asbury and
Dubuque, Dubuque County Board of Supervisors, Dubuque County Attorney, East
Central Iowa Intergovernmental Association, lòwa State Attorney General, Iowa
Department of Transportation and affected public utilities of the March 11, 2004, board
meeting.
17. At the March 11,2004 meeting, the cities reported that they had met, but were unable to
resolve the common territory issue or the island issue. The Board noted that without
amendment to either or both annexation applications, approval of Asbury's annexation
request would create an island.
1.
CONCLUSIONS OF LAW
The territory proposed to be annexed "adjoins" the City of Asbury, as the term is defined
in Section 368.1 (1) Iowa Code.
The City published notice of the filing of the petition and provided copies of the proposed
annexation to parties in accordance with the requirements of Section 368.7 Iowa Code.
2.
UA03-60 Asbury Findings of Fact
Prepared by: Steven R. McCann. Administrator 515/2424719
Iowa Economic Development 1 City Development Board
200 E Grand Avenue 1 Des Moines, Iowa 50309
3.
The City Development Board has jurisdiction to approve or decline the owner's
application for annexation Section 368.7(3) Iowa Code. If the owner's application is
approved by the Board, the Board is required to file portions of the proceedings in accord
with Section 368.7 Iowa Code.
The resolution by the City Council of Asbury conforms with Section 368.7 Iowa Code.
The City of Asbury's request for Board approval and the annexation would create an
island as defined in Section 368.1(10) Iowa Code. Pursuant to Section 368.7(3) Iowa
Code, the Board may not approve an application that creates an island. Therefore the
Board voted to deny the application.
4.
5.
Dated this 18th day of March 2004.
CITY DEVELOPMENT BOARD
~~~~
James Halverson, Chairperson
signature affixed by Steven R. McCann, Administrator
for City DevelopmentBoard as authorized under 263
Iowa Administration Code 3.28
UA03-60 Asbury Findings of Fact
Prepared by: Steven R. McCann, Administrator 515/2424719
Iowa Economic Development 1 City Development Board
200 E Grand Avenue 1 Des Moines, Iowa 50309
THEREFORE, IT IS ORDERED that the Motion to Dismiss Asbury's annexation request
is hereby approved.
Dated this 18th day of March 2004.
CITY DEVELOPMENT BOARD
Is/~ 1~)~
James Halverson, Chairperson
UA03-6o Asbury Findings of Fact
Prepared by: Steven R. McCann, Administrator 515/2424719
Iowa Economic Development 1 City Development Board
200 E Grand Avenue 1 Des Moines, iowa 50309
PROOF OF SERVICE
The undersigned hereby certifies that a true copy of the foregoing instrument was served
upon:
Ms. Patricia Sunseri
Asbury City Clerk
4985 Asbury Road
Dubuque, IA 52002-0411
Ms. Jeanne Schneider
Dubuque City Clerk
50 W 13th Street
Dubuque, IA 52001-4864
Dubuque Board of
Supervisors
720 Central Avenue
Dubuque, IA 52001
Mr. Fred McCaw
Dubuque County Attorney
720 Central Avenue
Dubuque, IA 52001
Ms. Kelley Duetmeyer
ECIA
3999 Pennsylvania
Avenue #200
Dubuque, IA 52002-2273
Mr. Fred Dean
Iowa Dept. of Trans.
8723 NW Blvd, PO 2646
Davenport, IA 52809
Cc: Jorge Zamora
Mr. Frank Smith
Frank Murray Smith
Law Office
4215 Hubbell Avenue
Des Moines, IA 50317
Aquila
1015 Cedar Cross Road
Dubuque, IA 52002
Ms. Nancy Allen
AT&T Communications
120 Peachtree Street, NE
Atlanta, GA 30309
Mr. Thomas Henderson
Whitfield & Eddy, P.L.C.
317 - 6th Ave., Ste 1200
Des Moines, IA 50309
Customer Relations
MCI Communications
PO Box 4600
Iowa City, IA 52244
McLeod USA
6400 C Street, SW
Cedar Rapids, IA 52404
Mediacom
3033 Asbury Road
Dubuque, IA 5200'1
US West Communications
3565 Utica Ridge Road
Bettendorf, IA 52722
Alliant Utilities
1000 Main Street
Dubuque, IA 52001
Said copy was mailed in an envelope addressed to them at the address shown above,
with postage fully paid and by depositing same in an United States Post Office depository in Des
Moines, Iowa on the 18th day of March 2004.
Local Delivery
Honorable Tom Miller, Iowa Attorney General
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Ragln~ù<Þstendõrf, Secretary
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NC04-03 Dubuque
Prepared by: Steve McCann 515/242-4719
City Development Board /200 E Grand Avenue f Des Moines, IA 50309
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LEGAL DESCRIPTION OF ASBURY ANNEXATION TERRITORY
Commencing at the NW corner of the NE 1/4 NW 1/4 of Section 30,
Township 89 North, Range 2 East of the 5th P.M. in Dubuque
County, Iowa, said point being the point of beginning; thence
southerly along the west line of said NE 1/4 NW 1/4 to the SW
corner of said NE 1/4 NW 1/4 said point also being the NE corner
of Lot 2 of the SW 1/4 NW 1/4 of said Section 30; thence
westerly along the north line of the SW 1/4 NW 1/4 to the NW
corner of the SW 1/4 NW 1/4 of said Section 30; thence northerly
along the west line of the NW 1/4 of Section 30, Township 89
North, Range 2 East of the 5th P.M. to a point of intersection
with the south line of Lot 2 of A. Tigges Subdivision in the NW
1/4 NW 1/4 of said Section 30 extended westerly; 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; thence
northerly along the east line of said Lot 3 and extension
thereof to the north line of the NW 1/4 NW 1/4 of said Section
30, said line also being the south line of the SW 1/4 SW 1/4 of
Section 19, Township 89 North, Range 2 East of the 5th P.M.;
thence easterly along said south line to a point of intersection
with the west line Lot 2 of 4 of 1 of the SW 1/4 SW 1/4 of said
Section 19; 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
1 of the SW 1/4 SW 1/4 of said Section 19; thence easterly along
the northerly line of said Lot 1 of A of 1 to the NE corner of
said Lot; thence southerly along the east line of said Lot 1 of
4 of 1 and Lot 2 of 4 of 1 to a point of intersection with the
south line of the SW 1/4 of said Section 19; 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 1/4 SW 1/4 of ~aid Section 19;
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 1/4 SW 1/4; 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 1/4 SW 1/4 of said Section 19; thence
southerly to the point of beginning.
STATE OF IOWA
FEB 26 200%
CITY DEV BOARD
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