Severance Request - Kelley Property to the City of AsburyCopyright 2014
City of Dubuque Action Items # 4.
ITEM TITLE: Severance Request - Kelley Property
SUMMARY: City Manager recommending approval of a Severance Petition from
Stephen Kelley, 6900 Asbury Road, to facilitate annexation of the property
to the City of Asbury.
RESOLUTION Approving severance of certain territory from the City of
Dubuque
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS :
Description Type
E Stephen Kelley Severance Petition -MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Severance Request Supporting Documentation
❑ Resolution Resolutions
E Exhibit A Supporting Documentation
THE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Severance Petition from Stephen Kelley, 6900 Asbury Road
DATE: August 31, 2015
Dubuque
band
AI -America City
r
2007 • 2012 • 2013
Planning Services Manager Laura Carstens recommends City Council approval of a
Severance Petition from Stephen Kelley, whose home site at 6900 Asbury Road is split
between the Cities of Dubuque and Asbury. Mr. Kelley is requesting severance from
Dubuque in order to annex his property to Asbury.
The severance request must be approved by the City of Dubuque and the annexation
request must be approved by the City of Asbury to avoid creation of an "island." The
City of Asbury has approved Mr. Kelley's annexation request.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
7-.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Laura Carstens, Planning Services Manager
THE CITY OF
Dui
Masterpiece on the Mississippi
Dubuque
Cily
11111
2007.2012 • 2013
MEMORANDUM
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Severance Petition from Stephen Kelley, 6900 Asbury Road
DATE: August 31, 2015
INTRODUCTION
This memorandum transmits for City Council review and approval, a severance petition from
Stephen Kelley, whose home site at 6900 Asbury Road is split between the cities of Dubuque
and Asbury. Mr. Kelley is requesting severance from Dubuque in order to annex his property to
Asbury. A resolution and other documentation also are enclosed.
This request is related to a separate Council item, an Annexation and Roadway Improvement
Agreement between Asbury and Dubuque for a portion common boundary along Asbury Road.
DISCUSSION
Under Iowa Code Chapter 368.8, voluntary severance of property requires unanimous written
consent of the property owner(s) and approval by resolution of the City Council. When the
severed property would create an "island", it must be annexed concurrently to another city. An
"island" is an unincorporated area surrounded by the corporate limits of one or more cities.
Mr. Kelley's parcel in Dubuque (1019252012) is a 0.67 -acre lot legally described as "Lot 1 Potts
Place lying outside Asbury city limits" that includes his home. Mr. Kelley's adjoining parcel in
Asbury (1019252013) is an L-shaped lot that includes his driveway and a small building.
The severance request must be approved by the City of Dubuque and the annexation request
must be approved by the City of Asbury to avoid creation of an "island". The City of Asbury has
approved Mr. Kelley's annexation request.
With the City of Dubuque's approval of the severance petition, both cities can file their decisions
with the City Development Board, which oversees annexations at the State level. Once
approved by the Board, the documents would be filed with the Secretary of State, the Dubuque
County Recorder, and various state agencies.
RECOMMENDATION
Staff recommends approval of Stephen Kelley's voluntary severance petition.
Enclosures
cc Gus Psihoyos, City Engineer
F:IUSERS\LCARSTENIWP\Annex\Kelley property\Memo MVM kelley severance petition.doc
The Honorable Mayor & City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Severance Request
Dear Mayor & City Council Members:
CITY OF DUBUQUE
PLANNING SERVICES DEPARTMENT
I, Stephen D. Kelley, owner of .67 acres of property along Asbury Road, legally
described as Lot 1 Potts Place (lying outside of Asbury City Limits)
in Dubuque County, Iowa, request severance of this property from the City of
Dubuque, Iowa. This parcel is shown on the enclosed plat as Parcel
1019252012.
Sincerly,
tephen D. Kelley
Dubuque Severance Exhibit A
•
•
•
gi4
7..10
,;(49208009
10192080214
124 32 87 64
1,1 ASBURY RD
90.p5
\\ 2 9 2015
, ...
•
i .....
'------77-)T, i B LI cAJE
..- -l: S. DEPARTMENT
1100 ft.
.•• .
Notice - These maps are compiled for assessment and tax information purposes from official county records. All map information shown is for the forgoing purpose and does not represent a survey of land.
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. 312-15
RESOLUTION APPROVING SEVERANCE OF CERTAIN TERRITORY FROM THE CITY
OF DUBUQUE
Whereas, Stephen D. Kelley, the property owner, has submitted a petition for voluntary
severance of approximately 0.67 acre of land within the corporate limits of the City of
Dubuque; and
Whereas, the territory is not subject to an annexation moratorium agreement; and
Whereas, the territory does not include any State or railroad property; and
Whereas, Chapter 368 of the Iowa Code authorizes the adjustment of corporate limits
through voluntary severance by resolution of the City Council; and
Whereas, Chapter 368 of the Iowa Code requires concurrent annexation by the City of
Asbury to avoid creation of an island; and
Whereas, this severance is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the petition of Stephen D. Kelley, the property owner, for voluntary
severance of approximately 0.67 acre of land of territory from the City of Dubuque is
hereby approved, and the territorial limits of Dubuque, Iowa, be, and they hereby are
adjusted to sever the property legally described as:
Resolution No. -64- - 15
Page 2
Lot 1 Potts Place lying outside Asbury city limits, in Section 19, T89N, R2E and including
to the centerline of the adjoining public right-of-way.
Section 2. That, subject to the approval of the Secretary of State, the corporate limits of
the City of Dubuque, Iowa, be and they hereby are adjusted to sever the approximately
0.67 acre of severance territory as shown on Exhibit A.
Section 3. The territory hereby severed shall be annexed concurrently by the City of
Asbury, Iowa.
Section 3. That the City Clerk shall file this resolution, all exhibits and the petition for
voluntary severance in accordance with the Code of Iowa.
Passed, approved and adopted this 8th day of Septemir, 2015.
Attest:
Kevin S. Eirnstahl, City ler
F:\USERS\LCARSTEN\WP\Annex\Kelley property\Kelley severance resolution.doc
Roy D. Buol, Mayor
EXHIBIT A
LEGAL DESCRIPTION AND MAP OF SEVERANCE
LOT 1 POTTS PLACE LYING OUTSIDE ASBURY CITY LIMITS
in Dubuque County, Iowa
PARCEL 1019252012
CATALPA ST
ASBURY RD
Legend
i---- j DUBUQUE CITY LIMITS
KELLEY PROPERTY TO BE SEVERED
(11/09/2015) Kevin Firnstahl - Re: Severance Resolution Needed from Dubuque Page 1
From: Kevin Firnstahl
To: Hessing, Betty [IEDA]
CC: Carstens, Laura
BC Firnstahl, Kevin
Date: 11/09/2015 1:31 PM
Subject: Re: Severance Resolution Needed from Dubuque
Attachments: Severance Request - Kelley Property to the City of Asbury.pdf
Hi Betty,
Attached is the resolution and associated attachment. I've also included staff information for reference.
Please contact me if you have questions or difficulty with the attachment.
Thank you.
Kevin S. Firnstahl, CMC
City Clerk
City of Dubuque, Iowa
50 W. 13th Street
Dubuque, IA 52001
563.589.4121
kfirnsta@cityofdubuque.org
»> "Hessing, Betty [IEDA]" <Betty.Hessing@iowa.gov> 11/09/2015 9:55 AM »>
Hi Kevin,
Could you please E-mail the resolution Dubuque did for the severance of the Kelley property, which
Asbury is requesting to annex? That is the one thing I need in order to proceed with Dubuque's and
Asbury's annexation petitions, which will most likely be on the January City Development Board agenda.
Thank you very much. Betty
Betty Hessing 1 Administrative Assistant to City Development Board & IEDA General Counsel
[cid:image001.gif@01 D11AD4.C1 EA6D10]
IOWA ECONOMIC DEVELOPMENT AUTHORITY
200 East Grand Avenue 1 Des Moines, Iowa 50309
PH: 515.725.3063 1 betty. hessing@iowa.gov<mailto:betty. hessing@iowa.gov>
iowaeconomicdevelopment.com
Click
https://www.mailcontrol.com/sr/hX54kLYXn!jGX2PQPOmvUgEBY15CIgt15VjjDXUOiRtbcgYG8r0+z3WX!
Ec+3+n4fs2VIaP8hM+Nc!rJiVGaJg== to report this email as spam.
RECEIVED
15tiO+ 18 PH12:38
City Clerk's Office
Dubuque, IA
CITY DEVELOPMENT BOARD
STATE OF IOWA
IN THE MATTER OF THE SEVERANCE ) NO. S/UA15-23 ASBURY
FROM DUBUQUE AND VOLUNTARY )
ANNEXATION TO ASBURY WITHIN THE ) NOTICE OF MEETING TO CONSIDER
URBANIZED AREA OF THE CITY OF ) VOLUNTARY ANNEXATION WITHIN
DUBUQUE ) AN URBANIZED AREA
TO: Cities of Asbury and Dubuque, 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 January 13, 2016, at the Iowa Department Economic
Development Authority, 200 East Grand Avenue, 2nd Floor Main 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 severance/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 263-7.7, 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.
Prepared by: Matt Rasmussen 515/725-3126
City Development Board Administrator / 200 E. Grand Avenue / Des Moines, IA 50309
Should you have questions regarding this notice, please contact the City
Development Board at 515/725-3126.
CITY DEVELOPMENT BOARD
Matt Rasmussen, Administrator
City Development Board
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 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
Mr. Stephen Juergens
Asbury City Attorney
5290 Grand Meadow Dr., Ste. 1
Asbury, IA 52002
Ms. Elizabth Bonz
Asbury City Administrator
5290 Grand Meadow Dr., Ste. 1
Asbury, IA 52002-2589
Ms. Sara Burke
Asbury City Clerk
5290 Grand Meadow Dr., Ste. 1
Asbury, IA 52002
Mr. Kevin Firnstahl
Dubuque City Clerk
50 West 13th Street
Dubuque, IA 52001-4864
Alliant Energy
8000 Chavanelle Road
Dubuque, IA 52002
Mediacom
3033 Asbury Road
Dubuque, IA 52001
Black Hills Energy
1015 Cedar Cross Road
Dubuque, IA 52003
Centurylink
4200 Dodge Street
Dubuque, IA 52002
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 16th day of November, 2015.
Local Delivery
Honorable Tom Miller, Iowa Attorney General
Betty H: g,
Prepared by: Matt Rasmussen 515/725-3126
City Development Board Administrator / 200 E. Grand Avenue / Des Moines, IA 50309
ative Assistant
Appendix A
Legal Description of territory proposed to be severed from the City of
Dubuque, Iowa, and annexed to the City of Asbury, Iowa
CDB Case No. S/UA15-23
Parcel ID 1019252012 Lot 1 Potts Place (lying outside of Asbury City
limits).
The territory extends to the center line of all
secondary roads adjacent to the above described properties.
'Forest Hills Subdivisior%(Asbury
13 ... ' 611, .09:60 Jo
•
p �61I6��a,s
247171
'DUBUQUE
LOCATION MAP
ASBURY
2409
401
87
;T.
BAWL
OPERTY
7615
23 n
2357
k
CATALPA ST
49
41
33
7615,E
1
1i
Legend
Dubuque & Asbury City Limits
Bahl Property (1.30 Acres) to be Severed from Asbury
Kelley Property (Home - 0.67 Acres) to be Severed from Dubuque
Kelley Property located in Asbury (L -Shaped Lot for Driveway)
k7
Dub'igwi�e Co�inty Assessor, City of.Dub:uque Assesor.
PAUL D. PATE
SECRETARY OF STATE
2/16/2016
Kevin Firnstahl
Dubuque City Clerk
50 W 13th St
Dubuque, IA 52001
Re: Resolution #312-15
Dear Mr. Firnstahl,
OFFICE OF THE IOWA SECRETARY OF STATE
LUCAS BUILDING
DES MOINES, IOWA 50319
You are hereby notified that the resolution, plat map, and legal description pertaining to the severance of
territory from the City of Dubuque which was approved by the city on September 8th, 2015 have been received
and filed by this office as required in Iowa Code section §368.8.
You may consider the severance filed.
Feel free to contact me with any questions or concerns.
Sincerely,
Carol Olson
Iowa Secretary of State's Office
321 E. 12th St.
Des Moines, IA 50315
carol.olson@sos.iowa.gov
Cc: Annexations, Iowa Department of Transportation
Cc: Matt Rasmussen, City Development Board Administrator
Co/ms
Phone 515-281-5204 Fax 515-242-5953 sos.iowa.gov sos@sos.iowa.gov
M
FD
Iaa
171
I
CO
Phone 515-281-5204 Fax 515-242-5953 sos.iowa.gov sos@sos.iowa.gov
PAUL D. PATE
SECRETARY OF STATE
2/16/2016
OFFICE OF THE IOWA SECRETARY OF STATE
Elizabeth Bonz
Asbury City Administrator
5290 Grand Meadow Drive, Suite 1
Asbury, IA 52002
Re: Resolution No. 167-2015
Dear Ms. Bonz,
LUCAS BUILDING
DES MOINES, IOWA 50319
0
You are hereby notified that the resolution, plat map, and legal description pertaining to the voluntary
annexation of territory to the City of Asbury which was approved by the city on July 28, 2015 have been
received and filed by this office as required by Iowa Code section § 368.7. You may consider the annexation
filed.
In accordance with § 368.1(15) and § 368.7A the territory extends to the center line of all secondary roads
adjacent to the above described properties.
Iowa Code 312.3(4) requires the mayor and city council to certify the population of any annexed territory, as
determined by the last certified federal census, to the treasurer of state in order for apportionment of street
construction funds to be adjusted.
Please review your city's precinct ordinance (if any) and confer with your county auditor to ensure this territory
is assigned to the correct election precinct and/or ward (if any).
If you have questions or concerns about this communication, please let me know.
Sincerely,
Carol Olson
Iowa Secretary of State's Office
321 E. 12th St.
Des Moines, IA 50315
caroi.olson@sos.iowa.gov
Cc: Annexations, Iowa Department of Transportation
Matt Rasmussen, City Development Board Administrator
Colms
Phone 515-281-5204 Fax 515-242-5953 sosiowa.gov sosc@sos.iowa.gov