City Development Board_Annexation of 13034 Seippel Road (Hillcrest Family Services)IOWA ECONOMIC DEVELOPMENT AoHoRITY
2 0 El3t Grand Avenue Des Moires, Iova 53308 USA I Phone:515,725EC
iowaeconomicdevelopment.com
July 151 2013
Dubuque City Council
50 West 13th Street
'Dubuque, IA 52001 -4805
RECEIVED
13 JUL 17 AN 11: 05
Ciiy Clerk's Office
Dubuque, IA
RE: City Development Board Case File UA13.14
economic development
Attention Dubuque City Council:
On July 9, 2013, the City Development Board (CDB) received a proposal for voluntary annexation
to the City of Dubuque, CDB Case File No UA13 -14, Upon initial review, the proposal appears to
be complete and properly filed.
The Board will consider the proposal submitted at its August 14, 2013, meeting. At that meeting,
the Board will review the proposal for annexation for compliance with the filing requirements of Iowa
Code Chapter 366 and its administrative rules contained in Iowa Administrative Code Chapter 263
and may either approve or deny the request, If approved, the Board will comply with the
appropriate procedures set -forth in Iowa Code and its administrative rules referenced above for
filing the final documents to complete the annexation. Please arrange to have a representative
present at the City Development Board meeting to answer questions which the Board may have
regarding your annexation request.
A formal notice of meeting will be distributed announcing the exact time and meeting location. A file
stamped copy of the proposal with the assigned case number is enclosed.
Matt Rasmussen
City Development Board Administrator
MR,blh
Enclosure
cc: j Kevin Firnstahl, City of Dubuque r without enclosure
Goremor Terry E. Bransted U. Governor Nun Aeynatchs I Director Debi V. Durham
l X111 7,'1)41
CITY DEVELOPMENT BOARD
STATE OF IOWA
RECEIVED
13 JUL 17 0111 :05
City Clerk's Office:
Dubuque, IA.
i
IN THE MATTER OF THE CITY OF ) NO. UA13 -14 / DUBUQUE
DUBUQUE VOLUNTARY ANNEXATION } NOTICE OF MEETING TO CONSIDER
WITHIN THE URBANIZED AREA OF THE } VOLUNTARY ANNEXATION WITHIN
CITY OF ASBURY } AN URBANIZED AREA
T0: Cities of Dubuque and Asbury, Dubuque County Board of Supervisors, Dubuque
County Attorney, East Central Intergovernmental Association, Iowa State
Attorney General, Iowa Department of Transportation and affected public
utilities.
You and each of you are hereby notified that the City Development Board will,
pursuant to Iowa Code Section 368.7, consider the above captioned matter at its
regular meeting at 1:00 p.m. on August 14, 2013, at the Iowa Economic Development
Authority, 200 East Grand Avenue, 2nd Floor ICN Conference Room, Des Moines, Iowa.
A copy of a map and legal description of the annexation territory is enclosed.
At said meeting, the City Development Board in its deliberations on approval or
disapproval of said annexation, may take note of public documents or other evidence
and shall give any interested party opportunity to present evidence or comment orally
or in writing all in accord with Section 263 -7.71 I.A.C. The City Development Board
invites oral or written comments relative to the petition on or before the meeting date
as noted above.
To participate in this meeting via teleconference, dial 866. 685.1580; when
prompted, enter conference code 5152424815 followed by*. You should then be
connected to the meeting.
Should you have questions regarding this notice, please contact the City
Development Board at 515/725-3126.
Cl ►'`;� 3 /�PMENTBOARD
Matt Rasmussen, Administrator
City Development Board
Prepared by, Mall Rasmussen 5151725.3126
City Development Board Administrator 1240 E, Grand Avenue 1 Des Moines, IA 50309
MCI Engineering Department
560 2nd Avenue S.E.
Cedar Rapids, IA 52401
Ms. Vicki Davis
AT &T Corporation
3001 Cobb Pkwy., Rm.162
Atlanta, GA 30339
Alliant Energy
1000 Main Street
Dubuque, IA 52001
Black Kills Energy
1015 Cedar Cross Road
Dubuque, IA 52003
Mediacom
3033 Asbury Road
Dubuque, IA 52001
Maquoketa Valley Rural Electric
P.O. Box 370,109 N. Huber
Anamosa, IA 52205.0370
Dubuque County Road Dept., County
Engineer
13047 City View Drive
Dubuque, IA 52002
-1-; .' rig
HOOP OF'SERVICE
r, ° // ysicilikinlersigned 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
5455 Kirkwood Blvd. SW
Cedar Rapids, IA 52404
Ms. Kelley Deutmeyer
ECIA
7600 Commerce Park
Dubuque, IA 52002
City of Asbury
5080 Asbury Road
Asbury, IA 520022522
Mr. Barry Lindahl
Dubuque City Attorney
300 Main St., Ste. 3301 Harbor View Place
Dubuque, IA 52001.6944
Mr. Kevin Firnstabl
Dubuque City Clerk
50 West 13th Street
Dubuque, IA 52001.4864
City of Asbury Mayor
4985 Asbury Road
Dubuque, IA 52002
Qwest /Century Link
4200 Dodge Street
Dubuque, IA 52003
Mr. Denise Dolan
Dubuque County Auditor
720 Central Avenue
Dubuque, IA 52001
Ms, Anna O'Shea
Dubuque County Zoning Dept.
13047 City View Drive
Dubuque, IA 52002
Prepared by: Malt Rasmussen 51517253126
Cily Development Board Administrator 1200 E. Grand Avenue 1 Des Moines, IA 60309
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 15th day of July, 2013.
Local Delivery
Honorable Tom Miller, Iowa Attorney General
Prepared by: Matt Rasmussen 515/725 -3126
City Development Board Administrator / 200 E. Grand Avenue / Des Moines, IA 50309
Appendix A
Legal Description of territory proposed to be annexed
to the City of Dubuque, Iowa
CDB Case No. UA13 -14
Lot 1 of Lot 1 in Julien Care Place, Section 31, T89N, R2E, in Dubuque Township,
Dubuque County, Iowa.
The territory extends to the center line of all
secondary roads adjacent to the above described properties.
Cities) Within 2 Miles
of the Annexation Area
City Asbury
Annexation Area
4
Dubuque
Legend
N 0 025 0.5 1 Miles
AI
H:1 Planning lHillcrest gh 04126113
City of Dubuque
City of Asbury
Roadways
— — — 2 Mile Radius
Location Map
H I PlanninglHillc
\.
RECEIVED
13J111 41111:06
City Clerk's Office
Dubuque, IA
IOWA ECONOMIC DEVELOPMENT AUTHORITY
203 East Grand Avenue I Lis Moines. Iowa 50309 USA I Rhona: 515,725,3000
iowaeconomicdevelopment.com
July 15, 2013
Dubuque City Council
50 West 13th Street
Dubuque, IA 52001.4805
RE: City Development Board Case File UA13.14
Attention Dubuque City Council:
economic development
On July 9, 2013, the City Development Board (COB) received a proposal for voluntary annexation
to the City of Dubuque, CDB Case File No. UA13 -14. Upon initial review, the proposal appears to
be complete and properly filed.
The Board will consider the proposal submitted at its August 14, 2013, meeting. At that meeting,
the Board will review the proposal for annexation for compliance with the filing requirements of Iowa
Code Chapter 368 and its administrative rules contained in Iowa Administrative Code Chapter 263
and may either approve or deny the request. If approved, the Board will comply with the
appropriate procedures set -forth in Iowa Code and its administrative rules referenced above for
filing the final documents to complete the annexation. Please arrange to have a representative
present at the City Development Board meeting to answer questions which the Board may have
regarding your annexation request.
A formal notice of meeting will be distributed announcing the exact time and meeting location. A file
stamped copy of the proposal with the assigned case number is enclosed.
Matt Rasmussen
City Development Board Administrator
MR:blh
Enclosure
cc: Mr. Kevin Firnstahl, City of Dubuque/ without enclosure
&Noma Terry E. 8ranslad I LI. Governor Kim Reynolds I Director Debi V. Durham
Masterpiece on the Mississippi
Dubuque
bitd
litericaCk
II tr
2007
STATE OF IOWA
UA 13.14 DUBUQUE a 0 9 N13
CITY DEVEIOPMES BOARD
Matt Rasmussen, Administrator
City Development Board
Iowa Dept of Economic Development
200 E. Grand Avenue
Des Moines IA 50309
City Clerk's Office
50 Mgt 131h Strut
Dubuque, Iowa 52001405
Office (563) 5894170
TTY (563) 690.6678
ctyderk@cityofdubuque.org
www.cityofdubuque,org
June 26, 2013
RE: Voluntary Annexation to the City of Dubuque, Iowa within an Urbanized Area
Hillcrest Family Services,
Dear Mr. Rasmussen:
Enclosed are the original and 15 copies of the City of Dubuque's request and all
supporting documents for the voluntary annexation of 10.02 acres of property owned by
Hillcrest Family Services (including 1.93 acres of county road right -of -way) at 13034
Seippel Road, which lies within an urbanized area on the west side of Dubuque, Iowa:
Copy of application of the owner, Hillcrest Family Services, requesting
annexation.
Copy of Resolution No, 184-13 for Application for Voluntary Annexation of
Territory owned by Hillcrest Family Services in Dubuque County, Iowa, adopted
by the Dubuque City Council on June 17, 2013, The Resolution includes:
• a complete legal description of the 10.02 acres of territory to be annexed,
• a statement that the annexation territory is not subject to an existing
annexation moratorium agreement,
• a statement that the annexation territory does not include any state or railroad
property, and
• a statement that the annexation territory does include a portion of county road
right -of -way.
Copies of maps showing: the entire annexation territory, adjacent roads, the
relationship of the territory to the entire boundary of the City of Dubuque, and the
territory in relationship to the corporate limits of the only city within two (2) miles -
the City of Asbury, Iowa.
Service People Integrity Reeponaibillty Innovalion 'teamwork
Copy of the Certificate of Publication stating notice of public hearing on the
annexation application was published in the official newspaper on May 24, 2013.
Copy of the notice of public hearing on the annexation application sent via
certified mail to the necessary parties on May 21, 2013, with copy of certified
receipts of mailing.
Copy of email correspondence with the Dubuque County Auditor's Office that
verifies the ownership and legal description of the annexation territory.
Copy of staff memorandum and staff report to the City Manager and City Council
prepared by the City's Planning Services Manager on June 7, 2013, which
include a summary of the proposal, the reasons for annexation, current and
proposed land uses in the territory, and services that will be provided to the
territory. Additionally, the staff report indicates the proposal's conformance to the
City of Dubuque's Comprehensive Plan, Future Land Use Map, and Annexation
Study; all of which implement smart planning principles,
By this letter, I do hereby certify that the City of Dubuque has complied with the notice
requirements of Iowa Code section 368,7(4 including proof of mailing of the application
and affidavit of publication of the required public notice.
The City of Dubuque respectfully requests City Development Board approval of the
voluntary annexation proposal,
If you have questions or need additional documents, please contact me or Assistant
City Clerk Trish Gleason at the above address, telephone, fax, or email.
Kevi S. Firnstahl
City Clerk
Enclosures
cc Michael C. Van Milligen, City Manager
Barry A. Lindahl, City Attorney
Laura Carstens, Planning Services Manager
Hillcrest
family services
A ministry of the Iowa Conference of the United Methodist Church and the Synod of Lakes and Prairies, Presbyterian Church (USA)
Accredited by The Joint Commission
ADMINISTRATION
2005 Asbury Road
Dubuque, IA 52001
563/583 -7357
Toll Free: 877/437 -6333
Fax: 563/583-7026
www.hillcrest-fs.org
May 9, 2013
Honorable Mayor and City Council
City of Dubuque
50 W. 13th Street
Dubuque, IA 52001
Dear Honorable Mayor and City Council:
This letter is a formal request by Hillcrest Family Services, property owner, for
annexation of property at 13034 Seippel Road, Dubuque, Iowa 52002. This site includes
the former Julien Care Facility acquired from Dubuque County.
The site presently is served by City water as part of a previous agreement between the
City of Dubuque and Dubuque County. Hillcrest Family Services desires to extend
additional water service to the facility, making annexation necessary.
Hillcrest Family Services also requests at this time that the property to be rezoned to OR
Office Residential upon annexation. This zoning designation matches the current and
planned operations at the site.
I have attached to this letter a copy of Instrument #2012 - 19037, which is the Plat of the
property, to serve as a map of the property. There are 10.02 acres on the property. The
Dubuque County parcel identification number is 1030351007. The legal description of
the property is: Lot 1 -1 in Julien Care Place.
Thank you for your time and consideration of this issue.
Sincerely,
Garyransemer
President/CEO
Hillcrest Family Services
Attachments
Dubuque
iVlnsterpiece on the NfississgJpi
['Variance
❑Conditional Use Permit
❑Appeal
['Special Exception
❑Limited Setback Waiver
Rezoning
PLANNING APPLICATION FORM
LPlanned District
LPreliminary Plat
LMinor Final Plat
LText Amendment
LSimple Site Plan
UMinor Site Plan
Please type or print legibly in ink
Property owner(s): Hillcrest Famil Services
Address: 2005 Asbury Rd
Fax Number: 563- 583 -7026
Applicant /Agent: Hillcrest Family Services
Address: 2005 Asbury Rd
Fax Number: 563 - 583 -7026
Site location /address: 13034 Sei
Existing zoning: A -1 Ag oral
ON
❑Major Site Plan
❑Major Final Plat
❑Simple Subdivision
(,]Annexation
❑Temporary Use Permit
City of Dubuque
Planning Services Department
Dubuque, IA 52001 -4864
Phone: 563- 589 -4210
Fax: 563- 589 -4221
❑Certificate of Economic Non - Viability
['Certificate of Appropriateness
['Historic Designation
Neighborhood Association
❑Other:
Phone: 563-583-7357
City: Dubuque _State: Iowa
Zip: 52001
Cellular Number: 563 -543 -6374 E -mail Address: Ga
ansPmerCa�hillcrest- fs_org
Phone: 563-583-7357
City: N1_2_9_1 De State: Iowa
Cellular Number: 563563-543_6374 E -mail Address:
el Rd Dubuque Iowa 52002
Proposed zoning: OR __Historic District: _
- 1 in Julien Care Place
Legal Description (Lot #): Lot 1
Total property (lot) area (square feet or acres): 10.02 acres
Describe proposal and reason necessary: Annex to add a second water line: Rezonin
Zip:52001
a .•ansemer
Landmark:
to match o
CERTIFICATION: I /we, the undersigned, do hereby certify that:
1. It is the property owner's responsibility to locate property lines and to check your abstract
covenants.
2. The information submitted herein is true and correct to t
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required w/tten and graphic materials are attached.
n
he best of my /our knowledge and
Property Owner(s):
Applicant /Agent: _
Date: ___5/2/2013
Date:
FOR OFFICE USE ONLY - APPLICATION SUBMITT�ALL CHECKLIST
Fee: � Received by: c' `�� t Aet.
Site /sketch plan Conceptual Development Plan
Improvement plans Design review project description
hillcrest -fs.or
erations of •ro•ert
for easements and restrictive
upon submittal becomes public
Date: 6_ 1•'f 3 Docket:
Photo
Floor plan
Other:
< >< >< >--- < >< ><>
Instrument #2012- 19037, filed October 23, 2012.
PREMED O1 In,. P.C. 4103 PENNMVANIA AYE DUOUIX)0 IOWA (003) 030 -2004
Po
PLAT OF SURVEY
LOT 1 -1 AND LOT 2 -1 IN JULIEN CARE PLACE
DUBUQUE COUNTY, IOWA
CUT
S 89'48'24" E
474.67'
50.02'•
APPROXIMATE
LOCATION OF.
E30011/10 CRAVE 1"
STONE
EX 33
R.O.W.
EX 33J
R.O.
1 111
03'08'54'W 424:65'
4&03'
DETAIL: NO SCALE
1 ITo
IZN
TD '%' cur
N 8924'16'
91.71'
-drab,
NORTH
NO CAP
19
1 • o
LOT 1 -1 0
TOTAL 10.02 ACRES 1rT
P.O.W. 1.93 ACRES
NET 8.09 ACRES
WEST LINE OP SW 1/4 '
SEC. 30, T8914, R2E
IP
0ET9L• NO SCALE
NW CDR. SEC 31. %.5
18914, R2E, YELLOW
CP
CAP NO, 3321
J
glaP
,SWIH UPE OF '',./e. 60• 9
EX EASEMENT ' T(0212. 0210 78.
} FOR ROADWAY
to PURPOSES c.:-51.0' 4, 610 -{
o 6 A
or- Y�� . _'''JGSP-
LOT 2 -1 •.
TOTAL 1.50 ACRES
R.O.W. 0.19 ACRES
NET 1.31 ACRES
0)UTERATIO
w
Mo
2-
m
z r�
N 57'30'42 E
360.92'
Mc�0,, 0° - VI
.1'0 Aq. O -/t-
\i,� Obi
0.24:19/k
•
n
42J�
C
EX0.98.169L
ROAD
GRAPHIC SCALE
150
.300
1' =150'
DRAWING MAY HAVE BEEN REDUCED
CURVE I RADIUS I LENGTH I CHORD 1 BEARING I DELTA
CI 1525.00' 254.45' 254.16' S 01'37'53" E 09'33'36'
02 1514.80' 138.88' 138.83' N 0347'06' W 051511"
03 229.20' 106.77' 105.81' N 59'52'59" E 26'41'24"
04 259.20' 148.68' 146.65' N 72'58'16" E 32'51'59"
05 1340.80' 200.84' 200.65' N 60'49'45" E 08'34'57"
66 1370.80' 217.84' 217.61' N 61'05'25" E 09'06'19'
PROPRIETOR: DUBUQUE COUNTY
SURVEYED FOR: DUBUQUE COUNTY
BOARD OF SUPERVISORS
DATE OF SURVEY: SEPTEMBER 10, 2012
TOTAL AREA SURVEYED: 11.52 ACRES
L01 5
1dA
068.80626011'
FOR ROADWAY
PURPOSES
toy
FGFND
- PLAT BOUNDARY
FOUND 5/8" IRON REBAR W/ PLASTIC
DETAIL:
140 SCALE
i Rt�V1P
40191�
RED CAP NO. 12631 UNLESS NOTED
O FOUND CUT "X'
60 FOUND MAO NAIL
O SET 5/8" IRON REBAR W/ ORANGE
PLASTIC CAP NO. 20999
❑ SET MAG NAIL
(
EX
R.0.P6.
U.E.
RECORD INFORMATION
EXISTING
RIGHT -OF -WAY
.PUBUC UTILITY EASEMENT
LIME.
THIS SURVEY IS. SUBJECT 70 EASEMENTS,
RESERVATIONS, RESTRICTIONS AND
RIGHTS -OF -WAY OF RECORD AND NOT OF RECORD.
NOTE
THE ORIGINAL PLAT OF JULIDI CARE PLACE WAS PREPARED BY
JOHN M. TRANMER AND RECORDED 8/29/07, DOC.# 2007-00013199
119 42,
..:JEFFREY J.?
C.f. BRANDT •S.=
1L5 20999=1=
1 NDIEPY 091210 1001 'MX 21008.1149 00901/241 WAS 01221009
1M THE AMATO AL 9P (040501 0140 TNT 1 W �A DULY TUCO 01 V)A 1,23K WAS
10/8.1£1141 UNDOi 716. VAS tf 00 SIA19 OF W00.
0411014 P.C.
UCE140144 20211
0009 41 SHEETS COOED 01 210 SGL
WY 009245E 016.101001211 12/21/203
StIT1002420'2
as
1'
Onl■berIAL Model
lapcen
0102102001010109 w.rm_vnY�o�+
0420+01
W PUT 140. 44.10 -I2
018.01 O .011 PRO). N0. 12704
DATE 02 -11 -12 91017 Het 2
is \I0IWY7D1\ taws: \sa11A1110T7 -1112
Abeln Abstract & Title Compariy
Established
1 RQ.
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall, 50 W. 13th St Telephone: 589 -4121
RESOLUTION NO. 184 - 13
RESOLUTION APPROVING AN APPLICATION FOR VOLUNTARY ANNEXATION OF
TERRITORY OWNED BY HILLCREST FAMILY SERVICES
Whereas, Hillcrest Family Services has submitted a written application for the
voluntary annexation, concurrent with rezoning, of approximately 10 acres of territory
lying outside the corporate limits of the City of Dubuque, Iowa, as shown in Exhibit A
and legally described as Lot 1 of Lot 1 in Julien Care Place, Section 31, T89N, R2E, in
Dubuque Township, Dubuque County, Iowa and to the centerline of adjoining County
road right -of way (the Annexation Territory); and
Whereas, the Annexation Territory is not subject to an existing annexation
moratorium; and
Whereas, the Annexation Territory does not include any state property or
railroad property; and
Whereas, the Annexation Territory does include county road right -of -way; and
Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by
adoption of a resolution and required notification; and
Whereas, the annexation of the Annexation Territory is consistent with the
Dubuque Comprehensive Plan; and
Whereas, the future growth and development of the City of Dubuque, Iowa
makes it desirable that the Annexation Territory be made part of the City of Dubuque,
Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Resolution No 184 -13
Page 2
Section 1. The corporate limits of Dubuque, Iowa are hereby extended to
include the Annexation Territory legally described above and as shown in Exhibit A.
Section 2. The Annexation Territory hereby annexed shall become part of the
4th Precinct of the 1st Ward of the City of Dubuque, Iowa.
Section 3. The City Clerk shall file this resolution, all exhibits and the petition
for voluntary annexation with the State of Iowa as required by law.
Passed, approved and adopted this 17th day of June, 2013.
Roy D. B l, Mayor
Attest:
F:\ USERS \LCARSTEN\WP\Annex \Hillcrest Annexation Resolution 06_17_13.doc
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
I SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 184.13 is a true and correct
copy of the original,
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 26th day of June, 2013.
Kevi Firnstahl, CMC, City Clerk
(SEAL)
Location Mao
Exhibit A
Annexation Area
City of Dubuque
Dubuque City Limits
13035
15093
13017
14844
15029
Legend
15114
City of Dubuque
15042
14928
Annexation Area
0 75 150 300 Feet
I I I
12911
H:\ Planning \Hillcr . t gh 04/24/13
Roadways
Parcels
Citie(s) Within 2 Miles
of the Annexation Area
Exhibit B
City of Dubuque
Legend
EN RI so
City of Dubuque
N 0 0.25 0.5 1 Miles
I-1:\ • I
Planning \Hilicrest gh 04/26/13
City of Asbury
Roadways
2 Mile Radius
City of Dubuque
Annexation Area
Roadways
Parcels
Citie(s) Within 2 Miles
of the Annexation Area
City &Asbury
w
„y•
•
.., ••• y/,,:1a.
A
rEln
�,.I ll
A memlinnArea
e
N 0 0.25 0.5 1 Miles
Ai
City of Dubuque
City of Asbury
Roadways
2 Mile Radius
H:1 Plannintlillcrest gh04126/13
Location Map
H;4 PlanninglHillc
CITY OF' DUBUQUE,
'IOWA
OFFICIAL NO110E:
PUBLIC ;NOTICE is
hereby, given that. the
Dubuque City, Cooncil
will' hold;a public hear
'ing on.a.voluntary"an -;
nexation. ',request r
Wilicrest`- Family Sery
ices for - property ,at:
13034.SWppel Road'on:;
,,the,,�west. side of- ..the:`<
City 'of "Dubuque ,'rhe
request" is,to` voluntari
ly annex approximately
a 10 acre site which in
eludes the':former Ju
;lien Care Facility.'The j
legal description of the
proposed 'annexation '
follows Lot 1 of'Lotx
in Julien . Care -' Place
Section 31, T89N, .112E
�n' Dubuque' Township
Dubuque County „Iowa
The public; hearing will
be held.”
DATE: 'Monday June
17 2013
TIME 6: O'p m
PLACE: city Couneil
Chamber, Historic Fed
eral',.Building, 350'W-
6th ,Street; Dubuque,.;.
Copies :of supporting .!
documents for the pub
lie hearmgs'rare on file
in` the City Clerk's Of
flee and may ",,be';
viewed during ,normal
'working hours "
Written comments re
, gardmg theiabove;pub'-
lie hearing "may be sub
mined "to"> the,'", City,.
Clerk's Office on or be-
fore said'time of:public
hearin 'At said time
' and ' place`j of • public
heanngs'all,'interested
citizens : and parties
will be;given,an oppor,
tumty to be' heard, for
or against said action.,:
Ahy visual of hearing
'impaired persons ,.
needing: special- .assi"s-
tapce, or persons with '_:
special" - accessibilitq ';
'needs °should canta'ct
the City ClWj<s +Office
at (563)', 589 4120 or ;
'.ITV (563): 690 6678'.at.
least 48 hours prior; to
the meeting~ ,,
Kevin S Flrnstahi,'CMC
City Clerk .
"11;5/24
077
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: May 24, 2013, and for which the charge is $19.81.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this c9e9 day of,' , 20 /3 .
'otaiy Public in and for Dubuque County, Iowa.
MARY K. WESTEF':^,A;57EFi 1;
Oommteaton Nurnhar 951
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Planning Services Department
City Hall
50 West 13th Street
Dubuque, TA 52001 -4864
(563) 589 -4210 phone
(563) 589 -4221 fax
(563) 690 -6678 TDD
planning@cityofdubuque.org
VIA CERTIFIED MAIL
Masterpiece on the Mississippi
NOTICE OF PUBLIC HEARING
Dubuque
* * * **
Ail-America City
1 '
m
2012
The Dubuque City Council will hold a public hearing on a voluntary annexation request
by Hillcrest Family Services for property at 13034 Seippel Road on the west side of the
City of Dubuque. The request is to voluntarily annex approximately of a 10 -acre site
which includes the former Julien Care Facility. The application and maps of the territory
to be annexed are enclosed. The legal description of the proposed annexation follows:
Lot 1 of Lot 1 in Julien Care Place, Section 31, T89N, R2E, in Dubuque Township,
Dubuque County, Iowa. The public hearing will be held:
DATE: Monday, June 17, 2013
TIME: 6:30 p.m.
PLACE: City Council Chamber, Historic Federal Building
350 W. 6th Street, Dubuque, Iowa
At the public hearing, all interested parties may present oral and written comments
regarding the proposal. Any visual or hearing impaired persons needing special
assistance or persons with special accessibility needs should contact the City Clerk's
Office at (563) 589 -4120 or TDD (563) 690 -6678 at least 48 hours prior to the meeting.
Please contact the Planning Services Cepartment with any questions or for more
information. Thank you.
Sincerely,
w\ce
Laura Carstens
Planning Services Manager
Enclosures
Service
People
Integrity
Responsibility
Innovation
Teamwork
QWEST /CENTURY LINK
4200 DODGE ST
DUBUQUE IA 52003
ENGINEERING DEPARTMENT
MCI
560 2ND AVENUE S.E.
CEDAR RAPIDS IA 52401
AT &T CORPORATION
ATTN: VICKI DAVIS
3001 COBB PARKWAY - RM 162
ATLANTA GA 30339
CHIEF EXECUTIVE OFFICER
ALLIANT ENERGY
1000 MAIN ST
DUBUQUE IA 52001
CHIEF EXECUTIVE OFFICER
BLACK HILLS ENERGY
1015 CEDAR CROSS RD
DUBUQUE IA 52003
KELLY DEUTMEYER, EXECUTIVE DIRECTOR
EAST CENTRAL INTERGOVERNMENTAL ASSOC
7600 COMMERCE PARK
DUBUQUE IA 52002
MAYOR
CITY OF ASBURY
4985 ASBURY RD
DUBUQUE IA 52002
GENERAL MANAGER
MEDIACOM
3033 ASBURY RD
DUBUQUE IA 52001
MAQUOKETA VALLEY RURAL ELECTRIC
P 0 BOX 370
109 N. HUBER
ANAMOSA IA 52205 -0370
COUNTY ENGINEER
DUBUQUE COUNTY ROAD DEPARTMENT
13047 CITY VIEW DR
DUBUQUE IA 52002
DENISE DOLAN
DUBUQUE COUNTY AUDITOR
720 CENTRAL AVE
DUBUQUE IA 52001
RALPH POTTER
DUBUQUE COUNTY ATTORNEY
720 CENTRAL AVE
DUBUQUE IA 52001
CHAIRPERSON
DUBUQUE CO. BOARD OF SUPERVISORS
720 CENTRAL AVE
DUBUQUE IA 52001
ANNA O'SHEA ADMINISTRATOR
DUBUQUE COUNTY ZONING DEPARTMENT
13047 CITY VIEW DR
DUBUQUE IA 52002
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DUBUQUE CO ZONING DE
13047 CITY VIEW DR
DUBUQUE IA 52002
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MAYOR
CITY OF ASBURY
4985 ASBURY RD
DUBUQUE IA 52002
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KELLY DEUTMEYER
ECIA
7600 COMMERCE PARK
DUBUQUE IA 52002
PS Form 3800, June 2002
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RALPH POTTER.
DUBUQUE CO ATTORNEY
720 CENTRAL AVE
DUBUQUE IA 52001
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109 N. HUBER
ANAMOSA IA 52205-0370
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CEDAR RAPIDS IA 52401
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CHIEF EXEC OFFICER
ALLIANT ENERGY
1000 MAIN ST
DUBUQUE IA 52001
PS Form 3800, June 2002 See Reverse for
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CERTIFIED MAIL. RECEIPT
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CHIEF EXEC OFFICER
LACK HILLS ENERGY
1015 CEDAR CROSS RD
DUBUQUE IA 52003
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DENISE DOLAN
DUBUQUE CO AUDITOR
720 CENTRAL AVE
DUBUQUE IA 52001
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CHAIRPERSON .
DUBUQUE CO BOARD OF
SUPERVISORS
720 CENTRAL AVE
DUBUQUE IA 52001
'Serm 90D
SENDER: COMPLETE THIS SECTION
■ Complete items 1, 2, and 3, Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
ENGINEERING DEPT
MCI
560 2ND AVE S.E.
CEDAR RAPIDS IA 52401
COMPLETE THIS SECTION ON DELIVERY
SENDER: COMPLETE THIS SECTION
Signature
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B. Received by (Printed Name)
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❑ Registered
❑ Insured Mail
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4. Restricted Delivery? (Extra Fee)
❑ Yes
2. Article Number
(Transfer from service label)
7006 0810 0000 3233.6100
1. Article Addressed to:
KELLY DEUTMEYER
ECIA
7600 COMMERCE PARK
DUBUQUE IA 52003
COMPLETE THIS SECTION ON DELIVERY
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2. Article Number
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7006 0810 0000 3233 6063
PS Form 3841, February 2004 Domestic Return Receipt
SENDER: COMPLETE THIS SECTION
102595.02 -M-1SI PS Form 3811, February 2004
COMPLETE THIS SECTION ON DELIVERY
■ Complete: items 1, 2; and 3. Also complete
item 4 if Restricted Delivery, is desired,
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
ANNA O'SHEA
DUBUQUE CO ZONING DEPT
13047 CITY VIEW DR
DUBUQUE IA 52002
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item 4 if Restricted Delivery is desired.
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so that we can return the card to you.
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or on the front if space permits.
3. Service Type
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❑ Registered
❑ Insured Mail
❑ Express Mail
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❑ C.O.D,
4. Restricted Delivery? (Extra Fee)
0. Yes
2. Article Number
(Transfer from service label)
7006 0810 0000 3233 6t179
1. Article Addressed to:
COUNTY ENGINEER
DUBUQUE CO ROAD DEPT
13047 CITY VIEW DR
DUBUQUE IA 52002
102595- 02 -M-15
COMPLETE THIS SECTION ON DELIVERY
A. Si
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4. Restricted Delivery? (Extra Fee)
❑ Yes
2. Article Number
(Transfer from service label)
7006 0810 0000 3233 6131
PS Form 3811, February 2004
Domestic Return Receipt
102595 -02 -M -1e4: PS Form 3811, February 2004
Domestic Return Receipt
102595 -02 -M=
SENDER: COMPLETE THIS SECTION
▪ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
GENERAL MANAGER
MEDIACOM
3033 ASBURY RD
DUBUQUE IA 52001
COMPLETE THIS SECTION ON DELIVERY
SENDER: COMPLETE THIS SECTION
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item 4 if Restricted Delivery is desired.
▪ Print your name and address on the reverse
so that we can return the card to you.
▪ Attach this card to the back of the mailpiece,
or on the front if space permits.
3. Service Type
Certified Mail
❑ Registered
❑ Insured Mail
❑ Express Mail
.'Return Receipt for Merchana
❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
1. Article Addressed to:
CHIEF EXEC OFFICER
BLACK HILLS ENERGY
1015 CEDAR CROSS RD
DUBUQUE IA 52003
COMPLETE THIS SECTION ON DELIVERY
❑ Agent
Addres
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: No
3. Service Type
itt Certified Mail
❑ Registered
❑ Insured Mail
❑ Express Mail
Return Receipt for Merchan
❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number
(Transfer from service label)
: PS Form 3811, February 2004
7006 0810 0000 3233 6193
SENDER: COMPLETE THIS SECTION
Domestic Return Receipt
■ Complete items 1, -2; and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
MAQ VALLEY. RURAL ELEC-
P O BOX-,370
109 N HUBER
ANAMOSA IA 52205 -0370
2. Article Numbe 7006 0810 0000 3233 607(7
(Transfer from service label)
102595-02-M
102595- 02 -M -1: PS Form 3811, February 2004
Domestic Return Receipt
COMPLETE THIS SECTION ON DELIVERY
SENDER: COMPLETE THIS SECTION
A. Signature
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so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
3. Service Type
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❑ Registered 1 Return Receipt for Merchande
❑ Insured Mail ❑- C.O.D.
4. Restricted Delivery? (Extra Fee)
❑ Yes
1. Article Addressed to:
QWEST /CENTURY LINK
4200 DODGE ST
DUBUQUE IA 52003
COMPLETE THIS SECTION ON DE
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B. Received by (Printed Name)
❑ Agent
❑ Addre
C. Date of Deli
D. Is delivery address different.froni item 1? ❑ Yes
If YES, enter delivery address below: J1014 No
3. Service Type
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' ❑ Registered Return Receipt for Merchar
❑ Insured Mail ❑ C.O.D,
4.,,.,Restricted Delivery? (Extra Fee)
0-Yes
2. Article Number
(Transfer from service label)
7006 0810 0000 3233 6124
2. Article Number
(Transfer from service label)
0810 0000 3233 6117
PS Form 3811, February 2004
Domestic Return Receipt
102595-02-M-15 PS Form 3811, February 2004
Domestic Return Receipt
102595.02 -N
NDER: COMPLETE THIS SECTION
Complete items 1,2; and 3. Also complete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
CHIEF EXEC OFFICER
ALLIANT ENERGY
1000 MAIN ST
DUBUQUE IA 52001
COMPLETE, THIS SECTION ON DELIVERY
SENDER: COMPLETE THIS SECTION
A. Sign ye
X-7/
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❑ Addresse
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■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
▪ Print your name and address on the reverse
so that we can return the card to you.
▪ Attach this card to the back of the mailpiece,
or on the front if space permits.
3. Service Type
Certified Mail ❑ Express Mail
❑ Registered XI Return Receipt for Merchandssr
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee)
❑ Yes
1. Article Addressed to:
RALPH POTTER
DUBUQUE CO ATTORNEY
720 CENTRAL AVE
DUBUQUE )A 52001
COMPLETE THIS SECTION ON DELIVERY
A. Signature
B. ° eceived o "' -tinted N
❑ Agent
❑ Addressee
C. Date of Delivery llivery
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D. Is delivery address different from item 1? ❑ Yes
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3. Service Type
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❑ Insured Mail
❑ Express Mail
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❑ C.O.D.
4. Restricted Delivery? (Extra Fee)
❑ Yes
Article Number
(Transfer from service label)
I Form 3811, February 2004
7006 0810 0000 3233 6087
2. Article Number
(Transfer from service label)
7006 0810 0000 3233 6155
NDER: COMPLETE THIS SECTION
Domestic Return Receipt
Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
CHAIRPERSON
DUBUQUE CO. BOARD OF
OF SUPERVISORS
720 CENTRAL AVE
DUBUQUE IA 52001
102595 -02 -M -154'
PS Form 3811, February 2004
Domestic Return Receipt
COMPLETE THIS SECTION ON DELIVERY
SENDER: COMPLETE THIS SECTION
A. Signature
X
❑ Agent
❑ Addresse
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D. 1s delivery address different from item 1? Des
If YES, enter delivery address below:. MeNo
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
▪ Print your name and address on the reverse
so that we can return the card to you.
▪ Attach this card to the back of the mailpiece,
or on the front if space permits.
3. Service Type
*Certified Mail
❑ Registered
❑ Insured Mail
❑ Express Mail
Return Receipt for Merchandis
❑ C.O.D.
4. Restricted Delivery? (Extra Fee)
❑ Yes
1. Article Addressed to:
DENISE DOL'AN
DUBUQUE CO AUDITOR
720 CENTRAL AVE
DUBUQUE IA 52001
102595.02 -M -1540
COMPLETE THIS SECTION ON DELIVERY
A. Signatur
X
❑ Agent
❑ Addressee
B. R ceived b Printed Na -) C. Date of Delivery
D. Is.deiivery address different from item 1? ❑ Yes
If YES, enter delivery address below: No
3. Service Type
td, Certified Mail
❑ Registered
❑ Insured Mail
❑ Express Mail
ig• Return Receipt for Merchandise
❑ C.O.D.
4. Restricted Delivery? (Extra Fee)
❑ Yes
Article Number
(Transfer from service label)
Form 3811, February 2004
7006 0810 0000 323.3 6162
2. Article Number
(Transfer from service label)
Domestic Return Receipt
10259;5- 02 -M -15 PS Form 3811, February 2004
7006 0810 0000 3233 6148
Domestic Return Receipt
102595 -02 -M -1540
SENDER: COMPLETE THIS SECTION
■ Completelterns 1., 2'; 'andi3 Also complete
item,4 if Restricted Delivery,` is desired:
■ Pant your name and address on the reverse
so that we can return the card to you.
■
Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
-.AT &T CORPORATION
ATTN: VICKI DAVIS
3001 COBB PKWY RM 162
ATLANTA GA 30339
COMPLETE THIS SECTION ON DELIVERY
A. Signature
XzL
0 Agent
Addressee
C. Date of Delivery
B. Received by (Printed Name)
D. Is delivery address different.from item 1? 0 Yes
If YES, enter delivery address below; . ' .7igi No
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3. Service Type
Certified Mail
0 Registered
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4. Restricted Delivery? (Extra Fee)
O. Yes
2. Article Number
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7006 0810 0000 3233 6094
PS Form 3811, February 2004
Domestic Return Receipt
- Dubuque
* * * * *i
Masterpiece on the Mississippi All - America City
'�IIr
Planning Services Department
50 West 13th Street ;.
Dubuque, Iowa 52001- 4805'2 �r•;
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(Page 2 of 3)
LE- OIL
WARRANTY DEED
For the consideration of Ten ($10.00) Dollar(s) and other valuable consideration,
DUBUQUE COUNTY, IOWA, does hereby Convey to HILLCREST FAMILY SERVICES, an Iowa
nonprofit corporation, the following described real estate in Dubuque County, Iowa:
Lot 1 of Lot 1 of . ULIEN CARE PLACE, in Dubuque Township, Dubuque County,
Iowa, according to the recorded Plat thereof, subject to easements and restrictions of
record.
EXEMPT FROM TRANSFER TAX - DEED EXECUTED BY PUBLIC
OFFICIALS IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES (IOWA
CODE § 428A.2(19)).
Grantor does Hereby Covenant with grantee, and successors in interest, that grantor holds the
real estate by title in fee simple; that it has good and lawful authority to sell and convey the real
estate; that the real estate is free and clear of all liens and encumbrances except as may be above
stated; and grantor Covenants to Warrant and Defend the real estate against the Iawful claims of all
persons except as may be above stated.
Words and phrases herein, including acknowledgment hereof shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Dated: ('1 cr. O 20i 2,
DUBUQUE COUNTY, IOWA, Grantor
By
Daryl I ein, Chair of Dubuque
County Board of Supervisors
Denise M. Dolan.
Dubuque County Auditor
RAMONA J. MANTERNACH
Commission Nunpor.i83956
My Comm. Exp. CO- �l
STATE OF IOWA )SS:
DUBUQUE COUNTY )
On this 0l 'day of October, 2012, before me, a Notary Public, in and for the State of Iowa,
personally appealed Daryl Klein and Denise M. Dolan, to me personally known, and who, being by me
duly sworn, did say that they are the Chairperson of the Board of Supervisors and the County Auditor,
respectively, of Dubuque County, Iowa; that the seal affixed to the foregoing instrument is the corporate
seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by
authority of its Board of Supervisors as contained in the Resolution adopted by the Board of Supervisors
on the 22nd day of October, 2012, that Daryl Klein and Denise M. Dolan acknowledged the execution of
the instrument to be the voluntary act and deed of the corporation, by it volunta ' y executed.
No nary Public in d for the State of Iowa
File Nember: 2013- 00000386 Seq: 2
Masterpiece on the Mississippi
T0: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager acs)
SUBJECT: Annexation of 13034 Seippel Road (Hillcrest Family Services)
DATE: June 1, 2013
Dubuque
altuleaCIN
II1NE
2012
Introduction
This memo transmits a request for voluntary annexation (concurrent with rezoning) filed by
Hillcrest Family Services for their 10 -acre property located at 13034 Seippel Road on the
west side of the City of Dubuque. The application, maps, and other supporting documents
are attached.
Discussion
This site includes the former Julien Care Facility recently acquired by Hillcrest Family
Services from Dubuque County, This annexation will facilitate extension of an additional
City water line to the facility. The new water line in turn will facilitate installation of a fire
sprinkler system in the building. The site presently is served by City water as part of a
previous agreement between the City of Dubuque and Dubuque County, Extension of the
additional water service makes annexation necessary.
Hillcrest Family Services also is requesting that the property to be rezoned to OR Office
Residential concurrent with annexation. This rezoning request was recommended for
approval by the City's Zoning Advisory Commission. A public hearing on the rezoning will
precede the annexation hearing at the City Council's June 17, 2013 meeting.
Recommendation
I recommend City Council approval of the request for voluntary annexation filed by Hillcrest
Family Services for their residential care facility at 13034 Seippel Road, as it is consistent
with the City's Comprehensive Plan and Annexation Study.
Attachments
cc: Bob Green, Water Department Manager
Gus Psihoyos, City Engineer
David Heiar, Economic Development Director
Mark Dalsing, Police Chief
Kyle Kritz, Associate Planner
Gary Gansemer, Hillcrest Family Services, 2005 Asbury Road, Dubuque IA
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IOWA ECONOMIC DEVELOPMENT AUTHORITY
200 East Grand Avenue 1 Des Moines, Iowa 50309 USA 1 Phone: 515.725.3000
iowaeconomicdevelopment.com
August 15, 2013
Mr. Kevin Firnstahl
Dubuque City Clerk
50 West 13th Street
Dubuque, IA 52001 -4805
RE: UA13 -14, Dubuque Voluntary Annexation
Dear Mr. Firnstahl:
RECEIVED
13 AUG 16 AM 10: 37
City Clerk's Office
Dubuque, lA
K)WA
economic development
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 -3126.
Si
Ma t Rasmussen
City Development Board Administrator
MR:blh
cc: Dubuque City Attorney
Governor Terry E. Branstad 1 Lt. Governor Kim Reynolds 1 Director Debi V Durham
CITY DEVELOPMENT BOARD
STATE OF IOWA
IN THE MATTER OF THE CITY OF ) NO. UA13 -14 / DUBUQUE
DUBUQUE VOLUNTARY ANNEXATION )
WITHIN THE URBANIZED AREA OF THE ) FILING OF WRITTEN DECISION
CITY OF ASBURY
TO: Cities of Dubuque and Asbury, 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. UA13 -14.
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.
CIT
LG
illAt
PMENT BOARD
Matt Rasmussen, ity Development Board Administrator
Phone: 515-725-3126
Prepared by: Matt Rasmussen 515/725 -3126
City Development Board Administrator / 200 E. Grand Avenue / Des Moines, IA 50309
PROOF OF SERVICE
The undersigned hereby certifies that a
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
5455 Kirkwood Blvd. SW
Cedar Rapids, IA 52404
Ms. Kelley Deutmeyer
ECIA
7600 Commerce Park
Dubuque, IA 52002.
City of Asbury
5080 Asbury Road
Asbury, IA 52002 -2522
Mr. Barry Lindahl
Dubuque City Attorney
300 Main St., Ste. 330, Harbor View Place
Dubuque, IA 52001 -6944
Mr. Kevin Firnstahl
Dubuque City Clerk
50 West 13th Street
Dubuque, IA 52001 -4864
City of Asbury Mayor
4985 Asbury Road
Dubuque, IA 52002
Qwest /Century Link
4200 Dodge Street
Dubuque, IA 52003
true copy of the foregoing instrument was
MCI Engineering Department
560 2nd Avenue S.E.
Cedar Rapids, IA 52401
Ms. Vicki Davis
AT &T Corporation
3001 Cobb Pkwy., Rm. 162
Atlanta, GA 30339
Alliant Energy
1000 Main Street
Dubuque, IA 52001
Black Hills Energy
1015 Cedar Cross Road
Dubuque, IA 52003
Mediacom
3033 Asbury Road
Dubuque, IA 52001
Maquoketa Valley Rural Electric
P.O. Box 370, 109 N. Huber
Anamosa, IA 52205 -0370
Dubuque County Road Dept., County
Engineer
13047 City View Drive
Dubuque, IA 52002
Mr. Denise Dolan
Dubuque County Auditor
720 Central Avenue
Dubuque, IA 52001
Ms. Anna O'Shea
Dubuque County Zoning Dept.
13047 City View Drive
Dubuque, IA 52002
Prepared by: Matt Rasmussen 515/725 -3126
City Development Board Administrator / 200 E. Grand Avenue / Des Moines, IA 50309
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 15th day of August, 2013.
Local Delivery
Honorable Tom Miller, Iowa Attorney General
g, Admi ative Assistant
Prepared by: Matt Rasmussen 515/725 -3126
City Development Board Administrator / 200 E. Grand Avenue / Des Moines, IA 50309
BEFORE THE CITY DEVELOPMENT BOARD
STATE OF IOWA
IN THE MATTER OF THE VOLUNTARY
ANNEXATION OF THE CITY OF DUBUQUE
WITHIN THE URBANIZED AREA OF THE
CITY OF ASBURY
NO. UA13 -14 / DUBUQUE
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DETERMINATION
TO: Cities of Dubuque and Asbury, 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
Asbury on July 9, 2013. Notice of City Development Board review of the request and
owner's application was given on July 15, 2013, and the Board considered the matter at
its August 14, 2013, 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 May 2, 2013, by written application, which included a map, Hillcrest Family
Services 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.
UA13 -14 Dubuque Findings of Fact
Prepared by: Matt Rasmussen, Administrator 515/725 -3126
Iowa Economic Development Authority / City Development Board
200 E. Grand Avenue / Des Moines, Iowa 50309
2. On May 24, 2013, the City of Dubuque published in an official county newspaper
notice of the City Council's meeting on June 17, 2013, to consider the application
for voluntary annexation.
3. On May 21, 2013, the City of Dubuque provided a copy of the application for
voluntary annexation to the City of and Asbury, Dubuque County Board of
Supervisors, East Central Intergovernmental Association, Iowa Department of
Transportation and affected public utilities.
4. By resolution dated June 17, 2013, 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 City of Asbury and is therefore
within its 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 contain railroad right -of -way.
8. On July 9, 2013, 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 July 15, 2013, the City Development Board notified, by mail, the Cities of
Dubuque and Asbury, 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 August 14, 2013, 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: Matt Rasmussen 515/725 -3126
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 City of and
Asbury 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 to 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 15th day of August, 2013.
f Dennis P 'autz, Chairperson
Signature affixed by Matt Rasmussen, Administrator
for City Development Board as authorized under
Iowa Administration Code 263 - 9.11(2)
CITY D ELO / ENT BOARD
Prepared by: Matt Rasmussen 515/725 -3126
City Development Board Administrator / 200 E. Grand Avenue / Des Moines, IA 50309
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 3P' 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 15th day of August, 2013.
CITY DEVELOPMENT BOARD
a tz, Chairperson
Prepared by: Matt Rasmussen 515/725 -3126
City Development Board Administrator / 200 E. Grand Avenue / Des Moines, IA 50309
PROOF OF SERVICE
The undersigned hereby certifies that a
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
5455 Kirkwood Blvd. SW
Cedar Rapids, IA 52404
Ms. Kelley Deutmeyer
ECIA
7600 Commerce Park
Dubuque, IA 52002
City of Asbury
5080 Asbury Road
Asbury, IA 52002 -2522
Mr. Barry Lindahl
Dubuque City Attorney
300 Main St., Ste. 330, Harbor View Place
Dubuque, IA 52001 -6944
Mr. Kevin Firnstahl
Dubuque City Clerk
50 West 13th Street
Dubuque, IA 52001 -4864
City of Asbury Mayor
4985 Asbury Road
Dubuque, IA 52002
Qwest /Century Link
4200 Dodge Street
Dubuque, IA 52003
true copy of the foregoing instrument was
MCI Engineering Department
560 2nd Avenue S.E.
Cedar Rapids, IA 52401
Ms. Vicki Davis
AT &T Corporation
3001 Cobb Pkwy., Rm. 162
Atlanta, GA 30339
Alliant Energy
1000 Main Street
Dubuque, IA 52001
Black Hills Energy
1015 Cedar Cross Road
Dubuque, IA 52003
Mediacom
3033 Asbury Road
Dubuque, IA 52001
Maquoketa Valley Rural Electric
P.O. Box 370, 109 N. Huber
Anamosa, IA 52205 -0370
Dubuque County Road Dept., County
Engineer
13047 City View Drive
Dubuque, IA 52002
Mr. Denise Dolan
Dubuque County Auditor
720 Central Avenue
Dubuque, IA 52001
Ms Anna O'Shea
Dubuque County Zoning Dept.
13047 City View Drive
Dubuque, IA 52002
Prepared by: Matt Rasmussen 515/725 -3126
City Development Board Administrator / 200 E. Grand Avenue / Des Moines, IA 50309
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 15 "' day of August, 2013.
Local Delivery
Honorable Tom Miller, Iowa Attorney General
Betty He g, Adminis4tive Assistant
Prepared by: Matt Rasmussen 515/725 -3126
City Development Board Administrator / 200 E. Grand Avenue / Des Moines, IA 50309
Appendix A
Legal Description of territory proposed to be annexed
to the City of Dubuque, Iowa
CDB Case No. UA13 -14
Lot 1 of Lot 1 in Julien Care Place, Section 31, T89N, R2E, in Dubuque Township,
Dubuque County, Iowa.
The territory extends to the center line of all
secondary roads adjacent to the above described properties.
it
Location Mao
Exhibit A Th
7900
Annexation Area
City of Dubuque
0
Dubuque City Limits
13035
15093
13017
14844
15029
Legend
15114
15042
N
0 75 150 300 Feet
I i I
12911
H:\ Planning\Hillcr- t gh 04/24/13
\_.-
14928
City of Dubuque
Annexation Area
Roadways
Parcels
AUL
Obi
111011114114131,4
GrAll
Dubuque City Limits
Legend
City of Dubuque
Annexation Area
Roadways
Parcels
eft I gin -ruin
Citie(s) Within 2 Miles
of the Annexation Area
N 0 0.25 0.5 1 Mile
I_ I I
H:\ Planning \Hillcrest gh 04/26/13