Annex 704 Ac Devel. Bd. approve
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MEMORANDUM
June 2, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Resolution in Support of the City Development Board's Conditional
Approval of Voluntary Annexation of Territory to Dubuque
Planning Services Manager Laura Carstens is recommending adoption of a resolution in
support of the City Development Board's conditional approval of Dubuque's voluntary
annexation request for approximately 704.5 acres. The resolution states City support
for a concept offered by the City of Dubuque and included as a condition of the Board
approval, to sever six parcels of land from Dubuque to Asbury. The final decision is still
in the hands of the property owners.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(YUJ( 4~ ,4tl
Michael C. Van Milligen ----
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
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MEMORANDUM
May 28, 2004
TO:
FROM:
Michael Van Milligen, City Manager
Laura Carstens, Planning Services Manager~
SUBJECT: Resolution in Support of the City Development Board's Conditional
Approval of Voluntary Annexation of Terñtory to Dubuque
Introduction
This memo transmits for City Council review and approval, a resolution in support of the
City Development Board's conditional approval of Dubuque's voluntary annexation
request for approximately 704.5 acres, a map of the annexation territory, and a draft
letter from the Mayor of Dubuque to the Mayor of Asbury in support of the Board's
action.
Discussion
On May 13, 2004, the City Development Board approved the annexation of this territory
to the City of Dubuque, Iowa, upon condition that the City of Dubuque make every
reasonable effort to secure an agreement with the City of Asbury and the owners of
Parcel 13-j, ParceI13-k, Parcel 13-1, ParceI13-m, Parcel 1, and that part of Parcel 2
lying north of Asbury Road to provide for severance of those parcels from Dubuque and
the annexation of those parcels into Asbury. The Board also required that no later than
October 4, 2004, the City of Dubuque would report to the Board on the status of the
City's efforts to secure an agreement providing for the severance of the parcels and
their annexation to Asbury.
Recommendation
Frank Smith, our annexation legal consultant, has recommended that the City Council
pass a resolution directing City staff to make all reasonable, good faith efforts to work
with the affected property owners and the City of Asbury to comply with the City
Development Board's conditional approval of the voluntary annexation.
I recommend City Council approval of the enclosed resolution and letter.
Enclosures
cc: Barry Lindahl, Corporation Counsel
"
Preparedby: Laura Carstens CitvPlannerAddress: CitvHall &JW.13thSt Telephone: 589-4210
RESOLUTION NO. 230-04
RESOLUTION IN SUPPORT OF CI1Y DEVELOPMENT BOARD'S CONDITIONAL
APPROVAL OF VOLUNTARY ANNEXATION OF TERRITORY TO DUBUQUE
Whereas, the City Council of the City of Dubuque, Iowa has approved the
annexation of approximately 704.5 acres of territory to the City of Dubuque, Iowa; and
Whereas, the City Development Board of the State of Iowa has approved the
annexation of this territory to the City of Dubuque, Iowa, upon condition that the City of
Dubuque make every reasonable effort to secure an agreement with the City of Asbury
and the owners of parcels listed in the record, those parcels being: Parcel 13-j, Parcel
13-1<, Parcel 13-1, Parcel 13-m, Parcel 1 ,and that part of Parcel 2 lying north of Asbury
Road to provide for severance of those parcels from Dubuque and the annexation of
those parcels into Asbury, and then further, no later than October 4, 2004, that the City
of Dubuque report to the Board the status of the City's efforts to secure an agreement
providing for the severance of the above listed parcels and their annexation to Asbury;
and
Whereas, the City of Dubuque intends to make all reasonable, good faith efforts
to work with the affected property owners and the City of Asbury to comply with the City
Development Board's conditional approval of the voluntary annexation.
NOW THEREFORE, BE IT RESOLVED BY THE CI1Y COUNCIL OF THE CI1Y
OF DUBUQUE, IOWA:
Section 1. That the Mayor is hereby. authorized to convey to the Mayor of
Asbury that the City of Dubuque will make all reasonable, good faith efforts to workwith
the affected property owners and the City of Asbury to sever Parcel 13-j, Parcel 13-k,
Parcel 13-1, Parcel 13-m, Parcel 1, and that part of Parcel 2 lying north of Asbury Road
from Dubuque and to have those parcels voluntarily annexed to Asbury.
Section 2. That the City Manager is hereby authorized to initiate discussions
with the Mayor of Asbury and the affected property owners, and to file a report with the
City Council and the City Development Board no later than October 4, 2004 on the
status of the City's efforts to secure an agreement providing for the severance of the
above listed parcels and their annexation to Asbury.
I' Resolution No.
Page 2
Section 3. That the City Clerk shall file this resolution with the City
Development Board.
-04
Passed, approved and adopted this 7th day of June, 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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eaone F Soh~de, COy C~
Office of the Mayor
and City Council
City HaIl, 50 West 13th Street
Dubuque, Iowa 52001-4864
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June 8, 2004
The Honorable Mayor Rick Anderson
City of Asbury
City Hall - 5080 Asbury Road
Asbury, IA 52002
Dear Mayor Anderson:
I am writing on behalf of the City of Dubuque to seek the City of Asbury's cooperation in
facilitating severance from Dubuque and annexation to Asbury of the following parcels
shown on the enclosed annexation map that were included in the Dubuque annexation
that was recently approved by the City Development Board:
. Parcel 1 {Owners- Terrence, Martin and Linda Bahl),
. That portion of Parcel 2 north of Asbury Road (Owners - Wilfred R. Bahl Ltd
Partnership),
Parcel 13-j (Owners - Stanley and Lou Ann Ward),
. Parcel 13-1< (Owner- Karen Cogan),
. Parcel 13-1 (Owner - Wayne Siebert), and
. Parcel 13-m (Owners - Donald and Luella Cogan).
City Manager Michael Van Milligen will contact you shortly to schedule an initial
meeting to confirm that the City of Asbury is willing to annex these parcels; and if so,
Mr. Van Milligen would like to discuss with you coordinating discussions with affected
property owners to implement this transition.
The City of Dubuque looks forward to working with the City of Asbury in regard to this
matter.
Sincerely,
Terrance M. Duggan
Mayor
Enclosure
cc Michael C. Van Milligen, City Manager
Service
People
Integrity
Responsibility
Innovation
Teamwork
A
N
Parcels 13a -13q
- City water (proposed mains A & B)
- City water (existing)
---_.- City sewer (existing)
_...Ú"Ú..- City sewer (proposed
coliectorsA&B)
--- Callahan sewer collector
(planned)
- Asbury city limits
Dubuque city limits
City of Dubuque
11107/03
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"'.IIpRANK SMITH LAW OFFICES
PIannin~ Services
563-588-4221 pol
, (';',. _.::) It¡ V:l) &/,¡-,/
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215 Hubbell Avenue
Des Moines. IA 50317
Phone, (515)265-6210
F..", (515)265-4584
Frank Murray Smith
Attorney and Counselor at Law
May 14,2004
fõ)~~æ:O\Ylæ:rm
lffi MAY 1 7 2004 @
Laura Carstens
Cit-j of Dubuque
Planning Services Dept.
SO West 13th Street
Dubuque, IA 52001-4864
CITY DF DUBUQUE
PLANNING SERVICES DEPARTMENT
Re:
AIIlIexation Matters
Dear Ms. Carstens:
This will confinn that I recommend that Dubuque pass a resQlution directing its staff to make
all reasonable, good faith efforts and work with the effectedj5roperty owners and Asbury to
sever parcels 131, 13K,13L,I:3M; Parcel 1 and thatpårt9fF.aièel 2 lying north of Asbury
Road from Dubuque andto haveihose parcels volunt<:Î!:llYiâlriieXed to Asbury.
Pkase also be advised that the deèision that was made~tthË'tI.1Jìý13,20Ö4, City Development
Board meeting approving the anneXation does not become 'offIcial uritil the Board Chainnan
has signed the Findings ofF act, Conclusions of Law and Ruling. Sometimes it takes the staff
30 to 60 days to prepare the Findings of Fact, Conclusions.ofLaw and Ruling.
Please be further advised thatanYJ?arty may appeal within 30daysofíhe filing of the Findings
of Fact, Conclusions of Law ari.d Rilling. However, it is my opinion that any appeal by Asbury
would be unsuccessful, but that it could take two (2) to three (3) years for the appeal process
to be completed.
Should you have any questions concerning any of the foregoing, please contact me. Thank you
for this opportunity to be of service.
Sincerely,
~S-
P.S. Transmitted is a verbatim transcription of the motion that was approved by the City
Development Board in regard to the annexation. '
FMS\mco
Ma~ 18 04 12:40p
563-588-4221
Planning Services
05/14/2004
IA DEPT ECON DEU -> 15152654584
07:34
NO . 385
NC04-03 Dubuque
May 13. 2004, Decision Meeting final motion to approve or deny the application
Motion by Dennis Plautz:
"I move that the Board approve NCO4-03 upon condition that the City of Dubuque
make every reasonable effort to secure an agreement with the City of Asbury and
the owners of the parcels listed which I wm read for the record ta provide for
severance of those parcels from Dubuque and the annexation of those parcels
into Asbury. Those parcels being:
13-j; 13-k; 13-1; 13-m, Parcel 1. and that part of Parcel 2 lying north of Asbury
Road. And then further, no later than October 4. 2004, the City of Dubuque
report to the board the status of the City's efforts to secure an agreement
providing for the severance of the above listed parcels and their annexation to
Asbury. .
Second by Jay Howe
Roll Ca!1
Brown
Cosner
Howe
Halverson
Plautz
no
yes
yes
yes
yes
Motion carried 4 yes Brown no
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