Annex Notice to Township Trustees
Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
i5"G~~E
~~~
May 19, 2006
Joseph and Judy Riniker
13533 Burtons Furnace Rd.
Durango IA 52039
RE: Consultation on Voluntary Annexation -- Corey Proposal
Dear Mr. and Mrs. Riniker:
I have reviewed the Dubuque Township Trustees' recommendations in your May 11,2006
letter regarding our May 8, 2006 consultation on the voluntary annexation requests of
Motor City LLC/Wendell Corey, John and Sally Jo Herrig, and Dean and Patricia Butler for
approximately 195 acres of land south of Derby Grange Road and north of Asbury Plaza
Shopping Center.
As Mrs. Riniker requested by telephone voice mail after our consultation, on May 11th I
mailed a copy of Iowa Code Section 368.7 which provides directions to cities regarding
consultations. I have enclosed another copy for you. As I stated in my previous letters and
at our May 8th meeting, cities are to provide written notice to and hold a consultation with
the governing body of each County and each Township that contains all or a portion of the
territory to be voluntarily annexed. The governing body may make written
recommendations for modification to the proposed annexation within seven business days
following the date of the consultation.
As I also discussed with you on May 8th, I can offer no further explanation of or training on
this Iowa Code section beyond what it states - we all have to read and interpret the Iowa
Code as written.
The Iowa Code does not stipulate a time frame for the City to mail notice of the
consultation meeting. I believe this notice was adequate, since you both were in
attendance and have provided your written recommendations within seven business days.
We have reviewed your recommendation for opposition of the annexation requests "on
various grounds" including your storm water runoff issues with the City and the Motor
City/Corey property. The City of Dubuque does not concur with your recommendation for
several reasons. First, this is a voluntary annexation, and the Iowa Code presumes
"validity for voluntary annexation approval" (see enclosed Iowa Code Section 368.6).
Second, annexation of the Motor City/Corey property is necessary for the Herrig and Butler
properties to be annexed to the City of Dubuque. Third, annexation of these properties to
the City of Dubuque is in the public interest for the following reasons:
Service
People
Integrity
Responsibility
Innovation
Teamwork
Consultation on Voluntary Annexation -- Corey Proposal
Page 2
1) The annexation is 100% voluntary.
2) The annexation is in accord with Dubuque's long range and comprehensive
planning.
3) The annexation will help partially fill Dubuque's present need for developable land.
4) This annexation supports the City's long-range goals to maintain compact and
contiguous development, to accommodate projected residential and commercial
expansion, and to facilitate planned and managed growth on the City's fringe.
5) As the regional center for medical care, shopping, entertainment, and employment,
the City of Dubuque has to plan for these land uses, as well as the residential
needs of the community, and must grow geographically to accommodate these
diverse land uses.
6) Given the topography, Dubuque can efficiently and cost effectively serve the area.
7) Limited in redevelopment on its east side due to the Mississippi River, and
challenged by rugged terrain and limited roadway systems on the north and south,
the most cost efficient growth area for Dubuque has been and continues to be the
west side.
8) The City has invested millions to extend water mains, sanitary sewer interceptors,
and City streets to the west side, opening up potentially thousands of acres of land
to meet Dubuque's long-term development needs, with the capacity to serve those
needs.
9) The City of Dubuque has the fiscal capability to provide substantial municipal
services to the annexation territory cost effectively.
10)The City of Dubuque has the physical capacity to provide substantial municipal
services and benefits not presently available to the annexation territory, within a
reasonable time in the most cost efficient and cost effective manner.
Finally, the proposed developments can occur in the unincorporated areas of the County
with less regulation. The City of Dubuque has higher standards for development, including
stormwater management and erosion control, than Dubuque County. Having the
development comply with stricter regulations ensures a higher quality of development,
which is a benefit to the community.
I referred your concerns about stormwater runoff and erosion from the Motor City/Corey
property to City Engineer Gus Psihoyos. It is accurate to say that the Asbury Plaza
Shopping Center (Rubloff Development) has a record of noncompliance with City
Consultation on Voluntary Annexation - Corey Proposal
Page 3
requirements. And, although the City used multiple methods to bring the detention basins
and other aspects of the development into compliance, it proved a difficult task.
Therefore, the City has since enacted three ordinances to help prevent the great
inconveniences caused to many downstream citizens. First, the Zoning Ordinance was
modified to allow the City to withhold the issuance of a building or occupancy permit until a
site plan is brought into compliance. Secondly, the Building and Building Regulations
chapter of the City code was changed to include the same language. Third, an illicit
discharge ordinance was passed making it a municipal infraction to cause sediment to
enter into the City's stormwater management system.
Moreover, the City Council has directed City staff to prepare two more ordinances-one
dealing with erosion and sediment control and another addressing detention basin
requirements. Both of these ordinances should be before the City Council this summer.
City Engineering staff was informed this week that the Chloe Creek that runs through your
property has elevated sediment loads. Although there are several developments upstream
of your farm that are outside the City's jurisdiction, the City will inspect both the Asbury
Plaza Shopping Center (Rubloff Development) and the Corey Development this week to
identify any erosion and sediment control deficiencies.
Please feel free to contact me at 589-4210 with any questions about this voluntary
annexation or City Engineer Gus Psihoyos at 589-4270 with any questions about
stormwater management and erosion control.
Sincerely,
~~
Laura Carstens
Planning Services Manager
Enclosure
cc Michael Van Milligen, City Manager
Gus Psihoyos, City Engineer
Wendell Corey, Motor City LLC, 825 Taft Ave., Mason City, IA 50401-7345
with notice of the hearing and a copy of the proposal.
Territory within the road right-of-way owned by a county may be annexed, but the county
attorney of that county must be served with notice of the hearing and a copy of the proposal.
[C58, 62, 66, 71, 73, ~362.34, 362.35; C75, 77, 79, 81, ~368.5]
89 Acts, ch 98, ~2
368.6 Intent.
It is the intent of the general assembly to provide an annexation approval procedure which gives
due consideration to the wishes of the residents of territory to be annexed, and to the interests of
the residents of all territories affected by an annexation. The general assembly presumes that a
voluntary annexation of territory more closely reflects the wishes of the residents of territory to be
annexed, and, therefore, intends that the annexation approval procedure include a presumption of
validity for voluntary annexation approval.
91 Acts, ch 250, ~2
368.7 Voluntary annexation ofterritory.
1. a. All of the owners ofland in a territory adjoining a city may apply in writing to the council
of the adjoining city requesting annexation of the territory. Territory comprising railway
right-of-way or territory comprising not more than twenty percent of the land area may be
included in the application without the consent of the owner to avoid creating an island or to
create more uniform boundaries. Public land may be included in the territory to be annexed.
However, the area of the territory that is public land included without the written consent of the
agency with jurisdiction over the public land may not be used to determine the percentage of
territory that is included with the consent of the owner and without the consent of the owner.
b. Prior to notification in paragraph "e", the annexing city shall provide written notice to the
board of supervisors and township trustees of each county and township that contains all or a
portion of the territory to be annexed. The written notice shall include the same information
required in paragraph "e" and shall set a time for a consultation on the proposed annexation
between the annexing city and each county and township that contains all or a portion of the
territory to be annexed. The consultation shall be held at least fourteen business days before the
applications in paragraph "e" are mailed. The governing body of each such county and township
may designate one of its members to attend the consultation. Each such county and township
may make written recommendations for modification to the proposed annexation no later than
seven business days following the date of the consultation.
Not later than thirty days after the consultation, the board of supervisors of each county that
contains all or a portion of the territory to be annexed shall, by resolution, state whether or not it
supports the application or whether it takes no position in support of or against the application. If
there is a comprehensive plan for the county, the board shall take the plan into account when
considering its resolution. A copy of the resolution shall be immediately filed with the annexing
city and shall be considered by the city council when taking action on the application. The city
200S Iowa Code
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