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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