Voluntary and Non-Consenting Annexation Request - City of Asbury
, .
June 16, 1999
Harley Hiemstra, Chairperson
City Development Board
Iowa Department of Economic Development
200 East Grand Avenue
Des Moines, IA 50309
RE: Voluntary and Non-Consenting Annexation Request - City of Asbury
Dear Mr. Hiemstra and Members of the Board:
This letter expresses the opposition of the City of Dubuque to the voluntary and non-
consenting annexation request filed by the City of Asbury for properties lying south of
the Asbury corporate limits. The City of Dubuque respectfully requests that the City
Development Board not approve the City of Asbury's request, because it is not in the
public interest, does not reflect planned and managed growth, and is not in accordance
with Section 368.17 of the Iowa Code. The provisions of this Section are pertinent
to the Asbury request. Furthermore, the City Development Board can and has applied
these criteria to 100% voluntary and 80% voluntary/20% non-consenting annexation
requests in the past. Our reasons for the opposition are:
1. The City of Dubuque believes that the City of Asbury will not be able to provide
customary municipal services to the area within a reasonable amount of time; the City
of Asbury does not have a capital improvement budget nor the capacity to deliver
services.
2. The City of Dubuque further believes that the City of Asbury will not be able to
provide substantial municipal services and benefits not previously enjoyed by the
territory, and that the motive for the annexation is solely to increase revenues to the
City of Asbury. Asbury cannot provide the area with water or sewer. Fire protection
will continue to be provided by a volunteer Fire Department.
3. The City of Dubuque also believes that the City of Asbury has filed the annexation
request in bad faith, by unilaterally terminating discussions on a boundary agreement
and a water agreement with the filing of this annexation request.
4. The City of Dubuque has received the enclosed letter from property owners who
have a portion of their property included in the City of Asbury's request without their
consent, stating their preference to be annexed into the City of Dubuque.
City Development Board
page 2
The City of Dubuque submits the following additional information to the City
Development Board in opposition to the City of Asbury's annexation request.
Sanitary Sewer Service
For this annexation request, Asbury Road forms the ridge line for the drainage basin
of the Middle Fork of Catfish Creek. The land south of Asbury Road drains into the
City of Dubuque. The land north of Asbury Road drains into the City of Asbury.
Based on this drainage pattern, most of the proposed annexation area can be served
by the City of Dubuque's gravity sewer system. To serve this same area, the City of
Asbury would need to install pump stations and force mains to connect to their
sanitary sewer system.
Wayne Claassen Engineering and Surveying, Inc., of Waterloo prepared a report on
sanitary sewer system expansion alternatives for the City of Asbury in February, 1998.
The purpose of this study was to develop and evaluate alternative methods of
expanding the Asbury sanitary sewer service area to serve existing unsewered areas
of the City of Asbury and to serve areas that may be annexed in the future. The report
concludes:
"The primary focus of this report has theretofore been to develop alternatives
for expanding sanitary sewer service to areas that drain to the North side of
Asbury Road or that drain to other areas of the existing sanitary sewer system.
This includes an area of approximately 120 acres South of Asbury Road near
the Heacock Dairy area. Alternatives for expanding the sanitary sewer system
to most of the future annexation area South of Asbury Road, East of Hales Mill
Road and Northwest of Lore Mound Road were not considered in this report.
These areas were not evaluated because they either would logically drain to
future systems of the City of Dubuque or are considered too remote from
existing Asbury systems to expand into at this time. These areas could be
connected to the City of Asbury system, however, by pumping stations and
force mains, if the City desires, as annexations continue." (Emphasis added)
The City of Asbury has not had a study completed for sewer service to the annexation
area; in fact, their engineer concludes that this area is logically served by the City of
Dubuque with a gravity system.
The City of Dubuque has had a study completed for sewer service to the annexation
area; our study concludes that the City of Dubuque has the wastewater treatment
City Development Board
page 3
capacity to serve the area with gravity sewers. A gravity sewer system is less costly
to install and maintain than pump stations and force mains.
Water Service
The City of Asbury initiated discussions with the City of Dubuque to explore the
possibility of connecting to the City of Dubuque's municipal water system. The City
of Dubuque has the water treatment capacity to supply the demand expected by a
connection to the City of Asbury -- including the anticipated growth of both cities.
The City of Asbury initiated these discussions due to the poor quality of their water
supply and distribution system. In 1997, the City of Dubuque was selected as having
the best tasting municipal water in the country. The City of Asbury, unlike the City
of Dubuque, lacks a uniform public water system. Portions of the Asbury system are
privately owned or are community wells for residential subdivisions. The distribution
system for Asbury's water supply does not have the capacity for fire suppression;
some water lines are as small as 2" in diameter, when 6" is the minimum required for
fire suppression. The Asbury water supply also has some water quality concerns for
some portions of the system.
The City of Asbury does not have the capacity to serve the annexation area with water
without significant upgrade of their present system, or a supply from the City of
Dubuque or a private water company. The City of Asbury also does not have the
capacity to provide for fire suppression from a water supply to the area; fire
suppression would continue to be by tankers from their volunteer Fire Department. On
several occasions, the City of Asbury has requested that the City of Dubuque allow
Asbury to connect to the Dubuque water system for fire fighting purposes because
Asbury's water system does not meet their needs at all times.
The City of Dubuque has had a study completed for water service to the annexation
area; Dubuque has the capacity to serve the area. Dubuque has adequate pressure to
provide direct fire suppression to the area with our full-time Fire Department.
Logical Annexation Boundary
The City of Asbury requested that the City of Dubuque and the City of Asbury
negotiate boundaries for an annexation agreement. Asbury and Dubuque both
analyzed the same area for annexation between Asbury Road and Middle Road. The
City of Asbury's annexation study identified Middle Road as the dividing line for
growth and annexation. The City of Dubuque's annexation analysis indicates,
City Development Board
page 4
however, that a significant portion of the land north of Middle Road and south of
Asbury Road drains into Dubuque, and can be serviced by Dubuque. The drainage
basin is a logical dividing line for annexation to Dubuque and Asbury.
The enclosed map depicts the City of Dubuque's proposed boundary for annexation.
This boundary generally follows the drainage basin for the Middle Fork of Catfish
Creek. The boundary has been aligned along lot lines or splits parcels in half, rather
than strictly following the drainage basin, to create a simpler legal description for the
annexation agreement. We believe that this boundary represents a fair division for the
growth of our cities, because it defines the area that can be served by the City of
Dubuque with gravity sewer. This proposal makes one significant exception in that
the City of Asbury connects to Middle Road west of Sieppel Road where the Asbury
city limits currently approach Middle Road.
The City of Dubuque has spent millions of dollars to bring water and sewer to our new
industrial parks along Sieppel and Middle Roads. Extensions of these mains logically
can serve the area depicted by our proposed annexation boundary map.
In conclusion, the City of Dubuque respectfully requests that the City Development
Board not approve the City of Asbury's voluntary and non-consenting annexation
proposal because it is not in the public interest, does not reflect planned and managed
growth, and is not in accordance with Section 368.17 of the Iowa Code. Thank you
for considering the City of Dubuque's request.
Sincerely,
Michael C. Van Milligen
City Manager
Enclosures
cc Dubuque City Council Members
Asbury City Council Members
Patricia A. Sunseri, City Administrator, City of Asbury
To the Honorable Mayor Terry Duggan
Members of the City Council
City of Dubuque
June 14, 1999
CITY OF DUBUQUE
Dear Mayor Duggan and the Council Members,
JUN 1!5 1999
As owners of the attached described property in Dubuque, and Center Township, we
would like to go on record to express our preference to have this property annexed into
the City of Dubuque. Involuntary annexation action by the City of Asbury creates a
barrier in our ability to do so.
We believe this property should be annexed into the City of Dubuque for the following
reasons:
I.) All of this property naturally drains into the City of Dubuque Sewer System.
2.) The City of Dubuque has a municipal water system.
3.) The City of Dubuque has the financial capability to meet our development
schedule.
We oppose the current City of Asbury's annexation for the following reasons:
I.) A suit in the District Court in and for Dubuque County by Martin J. Bahl,
Linda C. Bahl, and Terrence G. Bahl vs. the City of Asbury, Iowa and the City
Council of the City of Asbury, Iowa. Case #OI31IEQCV09l310, has been filed.
An outcome of this suit may result in the property to the West ofSeippel Rd., and
North of the Asbury Road, to be severed from Asbury. If this occurs, the majority
of property in Asbury's proposed annexation would not adjoin the City of Asbury.
2.) The City of Asb!llY has not demonstrated its ability, or shown a time frame to
provide necessary services and utilities to this property (water and sewer).
3.) The City of Asbury's attempted annexation, creates a physical block to the
Dubuque's drainage basin for the approximately 110 acres we own, of which
Asbury is involuntarily annexing 30 acres.
4.) Asbury's annexation is in conflict with the public interest in that:
a.) The annexation is an attempt to delay central services to existing
homes.
b.) The annexation has been solicited in a meeting conducted by an
Asbury Official, in order to effect a NIMBY land use.
'~,r~.-___ &;&AC
terrence G. Bahl
1L'1,4j~
L~- (J./~
nda C. Bahl
Wilfred R. Bahl Family- Limit~ Partnership
by; /IJ~~/ f\, db). ifC
WiltTed R. Bahl Genera{iPartner
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The following property affected by this request is owned by: Y, is owned by:
1.) Wilfred R Bahl Family Limited Partnership, and Y, is owned by
The Jeanette C. Bahl Residual Trust
2.) Lot 1-1-1-1-1 w Y, NW lying S ofRd 19T89N RZE - 30 acres
3.) West600ftofLot2-1-1 SENW 19 T89NRZE-14.5acres
4.) W 600 ft. ofN Y, NE SW 19 T89N RZE - 9.1 acres
5.) The following property owned by:
Terrence G. Bahl, Martin J. Bahl, and Linda C. Bahl
6.) SW-SE-Sec. 24, W Y, - SE-SE-Sec. 24, SE-NE-Sec. 24 lying South of
Asbury Road and NW-SE-Sec.24, T89N, RIE 130 acres
7.) S. portion of Lot 1-1-1-1-1 w Y, NW lying N of Rd. 19 T89N R2E
beginning at center point of Asbwy/Seippel Roads to a point 400 ft N.
10 acres.
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Bahl Annexation Request
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