Dubuque Metropolitan Area Solid Waste Agency Voluntary AnnexationMarch 21, 2011
Terry E. Branstad, Governor
Ms. Jeanne Schneider
Dubuque City Clerk
50 West 13th Street
Dubuque, IA 52001 -4805
RE: UA11 -04, Dubuque Voluntary Annexation
Dear Ms. Schneider:
Sincerely,
Marie Steenlage
City Development Board Administrator
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cc: Dubuque City Attorney
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Pursuant to Sections 368.7 and 368.20 Iowa Code, the City Development Board is required to file
with the Clerk of each city involved in a boundary adjustment, copies of the proceedings.
Please note that Iowa Code Section 476.26 provides: "The inclusion by incorporation, consolidation,
or annexation of any facilities or service area of an electric utility within the boundaries of any city
shall not by such inclusion impair or affect in any respect the rights of the electric utility to continue
to provide electric utility service and to extend service to prospective customers in accordance with
the provisions of this division."
Please find enclosed the Findings of Fact and Conclusions of Law and The Final Order filed by the
City Development Board approving the voluntary annexation petition submitted by the City of
Dubuque. If no appeal is filed within 30 -days of the date of this Order, the City Development Board
will file a copy of these proceedings with the Iowa Secretary of State and record with the Dubuque
County Recorder to complete this annexation. All recording and filing fees will be charged to the
City of Dubuque.
Please note that pursuant to Section 312.3(4) Iowa Code, the Mayor and Council are required to
certify to the State Treasurer the population of any areas annexed since the last federal census once
the annexation is complete. The annexation is completed when copies of these proceedings have
been filed with the Dubuque County Recorder and Iowa Secretary of State by the City Development
Board. If there are any questions, please call me at (515) 725 -3064.
IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT Kim Reynolds, Lieutenant Govemor
Debi V. Durham, Director • 200 East Grand Avenue, Des Moines, Iowa USA 50309 • Phone: 515.725.3000 • Fax: 515.725.3010 • www.iowalifechanging.com
IN THE MATTER OF THE CITY OF
DUBUQUE VOLUNTARY ANNEXATION
WITHIN THE URBANIZED AREA OF THE
CITIES OF PEOSTA AND CENTRALIA
CITY DEVELOPMENT BOARD
STATE OF IOWA
NO. UA11 -04 / DUBUQUE
FILING OF WRITTEN DECISION
TO: Cities of Dubuque, Peosta and Centralia, Dubuque County Board of Supervisors,
Dubuque County Attorney, East Central Intergovernmental Association, Iowa Attorney
General, Affected Public Utilities, and Parties of Record.
You and each of you are hereby notified that the City Development Board has approved
the annexation of territory to the City of Dubuque under City Development Board Case File
No. UA11 -04.
Please find enclosed the Findings of Fact, Conclusions of Law, Determination, and Final
Order by the City Development Board approving the annexation. An appeal of the Board's
decision may be filed within 30 -days of the date of the enclosed Order.
If no appeal is filed within 30 -days of the date of this Order, the City Development Board
will file with the Iowa Secretary of State and record with the Dubuque County Recorder to
complete this annexation.
CITY DEVELOPMENT BOARD
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Prepared by: Marie Steenlage 515/725 -3064
City Development Board Administrator / 200 E Grand Avenue / Des Moines, IA 50309
Marie Steenlage, City Deve ment Board Administrator
Phone: 515- 725 -3064
PROOF OF SERVICE
The undersigned hereby certifies that a true copy of the foregoing instrument was served
upon:
Mr. Ralph Potter
Dubuque Co. Attorney
720 Central Avenue
Dubuque, IA 52001
Dubuque Co. Bd. of Supervisors
720 Central Avenue
Dubuque, IA 52001
Mr. Sam Shea
Iowa Dist. Trans. Planner
8723 NW Blvd, PO 2646
Davenport, IA 52809
Ms. Kelley Deutmeyer
ECIA
7600 Commerce Park
Dubuque, IA 52002
Ms. Jean Wuertzer
City of Centralia
7978 Maranatha Ct.
Peosta, IA 52068
Mr. Barry Lindahl
Dubuque City Attorney
300 Main St., Ste. 330, Harbor View Place
Dubuque, IA 52001 -6944
Ms. Jeanne Schneider
Dubuque City Clerk
50 West 13th Street
Dubuque, IA 52001 -4864
City of Peosta
7896 Burds Road
Peosta, IA 52068 -0065
Alliant Energy
1000 Main Street
Dubuque, IA 52001
Ms. Mary Chris Lotspeich
Qwest
3565 Utica Ridge Road
Bettendorf, IA 52722
Prepared by: Marie Steenlage 515/725 -3064
City Development Board Administrator / 200 E. Grand Avenue / Des Moines, IA 50309
MCI, Engineering Dept.
560 2nd Avenue S.E.
Cedar Rapids, IA 52401
Ms. Vicki Davis
AT &T Corporation
3001 Cobb Parkway, Rm. 162
Atlanta, GA 30339
Black Hills Energy, Attn.: CEO
1015 Cedar Cross Road
Dubuque, IA 52003
Maquoketa Valley Rural Electric
109 N. Huber, PO Box 370
Anamosa, IA 52205 -0370
Mediacom, Attn.: General Mgr.
3033 Asbury Road
Dubuque, IA 52001
Mr. Chuck Goddard
Dubuque Metropolitan Solid Waste Agency
50 W. 13th Street
Dubuque, IA 52001
Mr. & Mrs. John Cate
14667 Highway 20
Peosta, IA 52068
Kluck Partnership
Highway 20 W.
Dubuque, IA 52002
Marylyn s. Trust McFarlane
81 Wyandanch Lane
South Hampton, NY 11968
Mr. Chris Clark
PO Box 1358
Dubuque, IA 52004
Donald J. Trust Mary C. Jecklin Trust
12156 Cottingham Road
Peosta, IA 52068
Mr. & Mrs. Larry McDermott
13384 BMR Lane
Dubuque, IA 52002
Local Delivery
Honorable Tom Miller, Iowa Attorney General
Prepared by: Marie Steenlage 515/725 -3064
City Development Board Administrator / 200 E. Grand Avenue / Des Moines, IA 50309
Mr. & Mrs. William Watters
14645 Rt. 20
Peosta, IA 52068
Said copy was mailed in an envelope addressed to them at the address shown above, with
postage fully paid and by depositing same in a United States Post Office depository in Des Moines,
Iowa, on the 21 day of March, 2011.
Bett y -I1 ing, Ad ' rative Assistant
1
IN THE MATTER OF THE VOLUNTARY
ANNEXATION OF THE CITY OF DUBUQUE
WITHIN THE URBANDIZED AREA OF THE
CITIES OF PEOSTA AND CENTRALIA
BEFORE THE CITY DEVELOPMENT BOARD
STATE OF IOWA
NO. UA11 -04 / DUBUQUE
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DETERMINATION
TO: Cities of Dubuque, Peosta and Centralia, 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 Dubuque (hereinafter the "City ") filed its request for City Development Board
approval of annexation of territory within the urbanized area of the Cities of Peosta and Centralia
on January 24, 2011. Notice of City Development Board review of the request and owner's
application was given on February 11, 2011, and the Board considered the matter at its
March 16, 2011, meeting. The City Development Board, having considered the City's request
for approval, the property owner's application, and all evidence submitted by the affected parties
hereby makes the following findings of fact, conclusions of law and determination:
FINDINGS OF FACT
1 On September 1, 2010, by written application, which included a map, Chuck Goddard,
applicant representing Dubuque Metropolitan Solid Waste Agency (DMSWA), requested
the City of Dubuque 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.
UA11 -04 Dubuque Findings of Fact
Prepared by: Marie Steenlage, Administrator 515/725 -3064
Iowa Economic Development / City Development Board
200 E Grand Avenue / Des Moines, Iowa 50309
2. On October 27, 2010, and December 1, 2010, the City of Dubuque published in an official
county newspaper notice of the City Council's meeting on December 20, 2010, to consider
the application for voluntary annexation.
3. On October 22, 2010, the City of Dubuque provided a copy of the application for voluntary
annexation to the Cities of Peosta and Centralia, Dubuque County Board of Supervisors,
East Central Intergovernmental Association, Iowa Department of Transportation and affected
public utilities.
4. By resolution dated December 20, 2010, which contained a legal description, the City
Council of Dubuque voted to annex the subject property.
5. The area to be annexed is within two miles of the Cities of Peosta and Centralia and is
therefore within their urbanized area.
6. The area to be annexed has a common boundary with the City of Dubuque of more than 50
feet.
7. The area to be annexed does not include any State or railroad property.
8. On January 24, 2011, 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 February 11, 2011, the City Development Board notified, by mail, the Cities of Dubuque,
Peosta and Centralia, 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 proposed annexation and request for
approval. Said notice invited oral and written evidence relative to the proposed annexation.
10. The City Development Board received no response from any governmental unit, business or
individual.
11. The Board considered the City's request at its March 16, 2011, meeting and found it to be
complete and properly filed.
12. Based on the information favoring the annexation found in the City's request and other
materials filed by the City of Dubuque and the absence of evidence of any potential adverse
consequences, the Board finds the annexation to be in the public interest.
Prepared by: Marie Steenlage 515/725 -3064
City Development Board Administrator / 200 E. Grand Avenue / Des Moines, IA 50309
CONCLUSIONS OF LAW
1. The territory to be annexed "adjoins" the City of Dubuque as the term is defined in Iowa
Code Section 368.1(1) and is within the "urbanized area" of the Cities of Peosta and
Centralia as the term is defined in Iowa Code Section 368.1(16).
2. The City published notice of the filing of the application and provided copies of the proposed
annexation to parties in accordance with the requirements of Iowa Code Section 368.7.
3. The City Development Board possesses jurisdiction to approve or decline the application for
annexation in accord with Iowa Code Section 368.7(3). If the application is approved by the
Board, the Board is required to file portions of the proceedings in accord with Iowa Code
Section 368.7.
4. The resolution by the City Council of Dubuque conforms with Iowa Code Section 368.7.
5. The City of Dubuque's request for Board approval and the annexation is in substantial
compliance with Iowa Administrative Code r. 263 -7.2.
6. In accord with the standards set forth in Iowa Code Chapter 368, including the presumption
of validity for voluntary annexation approval set forth in Iowa Code Section 368.6, the
annexation proposal is in the public's interest.
Dated this 21 day of March, 2011.
CITY DEVELOPMENT BOARD
Prepared by: Marie Steenlage 515/725 -3064
City Development Board Administrator / 200 E. Grand Avenue / Des Moines, IA 50309
OUNA I
Dennis Plautz, Chairperson
signature affixed by Marie Steenlage, Administrator for City
Development Board as authorized under Iowa
Administration Code 263 — 9.11(2)
THEREFORE, IT IS ORDERED that the application of the following described territory to the
City of Dubuque is hereby approved:
The proposed annexation territory is described in Appendix A and
attached hereto and by this reference made a part of.
IT IS FURTHER ORDERED that the owner's annexation application and map, City Council
resolution, notices of Board review and this Order be filed by the Board with the Dubuque City Clerk
and that the Board file a copy of the map and legal description with the Iowa Department of
Transportation.
To complete the annexation process, the Board Administrator shall mail a copy of this Order
and other relevant documents to the Dubuque County Recorder and Iowa Secretary of State on or
after the 31 day following issuance of this Order. To request a stay of completion of the annexation
process, a person or city authorized by Iowa Code Section 368.22 to appeal this Order must deliver
to the Board Administrator a timely written request for a stay accompanied by notice of the filing of a
petition for judicial review or intent to file a petition for judicial review. Any such request shall be
referred to the Board for action at its next regularly scheduled meeting or at a special meeting.
Dated this 21 day of March, 2011.
CITY DEVELOPMENT BOARD
/s/ } �.L\i\riuIS
Dennis Plautz, Chairperson
Prepared by: Marie Steenlage 515/725 -3064
City Development Board Administrator / 200 E. Grand Avenue / Des Moines, IA 50309
PROOF OF SERVICE
The undersigned hereby certifies that a true copy of the foregoing instrument was served
upon:
Mr. Ralph Potter
Dubuque Co. Attorney
720 Central Avenue
Dubuque, IA 52001
Dubuque Co. Bd. of Supervisors
720 Central Avenue
Dubuque, IA 52001
Mr. Sam Shea
Iowa Dist. Trans. Planner
8723 NW Blvd, PO 2646
Davenport, IA 52809
Ms. Kelley Deutmeyer
ECIA
7600 Commerce Park
Dubuque, IA 52002
Ms. Jean Wuertzer
City of Centralia
7978 Maranatha Ct.
Peosta, IA 52068
Mr. Barry Lindahl
Dubuque City Attorney
300 Main St., Ste. 330, Harbor View Place
Dubuque, IA 52001 -6944
Ms. Jeanne Schneider
Dubuque City Clerk
50 West 13th Street
Dubuque, IA 52001 -4864
City of Peosta
7896 Burds Road
Peosta, IA 52068 -0065
Alliant Energy
1000 Main Street
Dubuque, IA 52001
Ms. Mary Chris Lotspeich
Qwest
3565 Utica Ridge Road
Bettendorf, IA 52722
Prepared by: Marie Steenlage 515/725 -3064
City Development Board Administrator / 200 E. Grand Avenue / Des Moines, IA 50309
MCI, Engineering Dept.
560 2nd Avenue S.E.
Cedar Rapids, IA 52401
Ms. Vicki Davis
AT &T Corporation
3001 Cobb Parkway, Rm. 162
Atlanta, GA 30339
Black Hills Energy, Attn.: CEO
1015 Cedar Cross Road
Dubuque, IA 52003
Maquoketa Valley Rural Electric
109 N. Huber, PO Box 370
Anamosa, IA 52205 -0370
Mediacom, Attn.: General Mgr.
3033 Asbury Road
Dubuque, IA 52001
Mr. Chuck Goddard
Dubuque Metropolitan Solid Waste Agency
50 W. 13th Street
Dubuque, IA 52001
Mr. & Mrs. John Cate
14667 Highway 20
Peosta, IA 52068
Kluck Partnership
Highway 20 W.
Dubuque, IA 52002
Marylyn s. Trust McFarlane
81 Wyandanch Lane
South Hampton, NY 11968
Mr. Chris Clark
PO Box 1358
Dubuque, IA 52004
Donald J. Trust Mary C. Jecklin Trust
12156 Cottingham Road
Peosta, IA 52068
Mr. & Mrs. Larry McDermott
13384 BMR Lane
Dubuque, IA 52002
Local Delivery
Honorable Tom Miller, Iowa Attorney General
Prepared by: Marie Steenlage 515/725 -3064
City Development Board Administrator / 200 E. Grand Avenue / Des Moines. IA 50309
Mr. & Mrs. William Wafters
14645 Rt. 20
Peosta, IA 52068
Said copy was mailed in an envelope addressed to them at the address shown above, with
postage fully paid and by depositing same in a United States Post Office depository in Des Moines,
Iowa, on the 21 day of March, 2011.
Betty H ssistant
Appendix A
Legal Description of territory proposed to be annexed
to the City of Dubuque, Iowa
CDB Case No. UA11 -04
That the application of the Dubuque Metropolitan Area Solid Waste Agency (DMASWA),
the property owner, for voluntary annexation of approximately 178.29 acres of land of
territory lying outside of the corporate limits of the City of Dubuque, Iowa, and legally
described as Lot 1 Landfill West Subdivision in Section 1, Township 88 North, Range 1
East of the 5 P.M.; Southwest % of the Southeast 1 /4 in Section 1, Township 88 North,
Range 1 East of the 5 P.M.; Lot 2 of the Southeast % of the Southeast 1 /4 in Section 1,
Township 88 North, Range 1 East of the 5 P.M.; and Lot 1 Landfill South Subdivision,
in Section 6, Township 88 North, Range 2 East of the 5 P.M.; all in Dubuque County,
Iowa, is hereby approved for annexation to the City of Dubuque, Iowa.
The territory extends to the center line of all
secondary roads adjacent to the above described properties.
Base Data Provided by Dubuque County GIS
Dubuque
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THE CITY OF
2007
DUB:
Masterpiece omtJTe-Mississippi
Applicant: Chuck Goddard, Dubuque
Metropolitan Solid Waste Agency (DMSWA)
Location: Highway 20 West
Description: To rezone landfill property, in
conjunction with annexation, from County
AG Agricultural District to City HI Heavy
Industrial District..
Legend
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Vicinity Map
Proposed Area to be Rezoned
City of Dubuque
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DMASWA Annexation 2 -Mile Jurisdiction Map
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