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Voluntary Annexation - Bahl Family Property_Public Hearing Copyright 2014 City of Dubuque Public Hearings # 1. ITEM TITLE: Voluntary Annexation - Bahl Property SUMMARY: Proof of publication on notice of public hearing to consider approval of a voluntary annexation request from Martin J. and Linda C. Bahl, and Terrance G. Bahl, for 1 .3 acres of their property from Asbury Road north to Forest Hills Subdivision in the City of Asbury and the City Manager recommending approval. RESOLUTION Approving an application for voluntary annexation of territory to the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ Bahl Annexation-MVM Memo City Manager Memo ❑ Staff Memo Staff Memo ❑ Applicant Materials Supporting Documentation ❑ Location Map Supporting Documentation ❑ City of Asbury Correspondence Supporting Documentation ❑ Resolution Resolutions ❑ Exhibit Supporting Documentation ❑ Proof of Public Hearing Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bahl Annexation Request -- Approval DATE: September 28, 2015 Planning Services Manager Laura Carstens recommends City Council approval of the 100% voluntary annexation request from property owners Martin J. and Linda C. Bahl and Terrance G. Bahl for a 1.30-acre parcel located in the City of Asbury between Asbury Road and Forest Hills Subdivision. The Asbury City Council approved severance from the City of Asbury to avoid creation of an "island" of unincorporated land between the two cities. I concur with the recommendation and respectfully request Mayor and City Council approval. 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 Dubuque DUBE '�ca`"" Masterpiece on the Mississippi 2007•2012•2013 MEMORANDUM TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager SUBJECT: Bahl Annexation Request--Approval DATE: September 28, 2015 INTRODUCTION This memorandum transmits for City Council's approval, the 100% voluntary annexation request from property owners Martin J. and Linda C. Bahl and Terrance G. Bahl for a 1.30-acre parcel located in the City of Asbury between Asbury Road and Forest Hills Subdivision. A resolution and other supporting documents are enclosed. DISCUSSION The Bahls own a parcel platted as "Frieburger Lane" (parcel 1019101002) and legally described as "Lot 2 of the West Half of the Northwest Quarter of Section 19, Township 89 North, Range 2 East". The enclosed vicinity map shows this narrow 1.30-acre parcel separates two large parcels of Bahl property located in the City of Dubuque. This request requires severance from Asbury to avoid creation of an "island" of unincorporated land between the two cities. The City of Asbury has approved the Bahls' severance request. This request is related to a similar severance/ annexation process for property owned by Stephen Kelley at 6900 Asbury Road in Dubuque. The City of Dubuque approved Mr. Kelley's severance request and the City of Asbury approved Mr. Kelley's annexation request. By Iowa Code, the City of Dubuque must consider the 100% voluntary annexation request at a public hearing because the property lies within two miles of another city; in this case, Asbury. Both the Kelley and Bahl annexations are subject to approval by the City Development Board, the state board that decides on these types of voluntary annexation in urbanized areas. RECOMMENDATION I recommend that the City Council approve the Bahl annexation request because it is in the best interest of the City of Dubuque and the severance has been approved by Asbury. City staff will forward the request to the City Development Board required by Iowa Code for final disposition. Enclosures cc: Gus Psihoyos, City Engineer F:\USERS\LCARSTEN\WPXAnnex\Bahl Annexation 2015\Memo MVM Bahl annex approval.doc W E1 � AUG 31 ?015 The Honorable Mayor & City Council Members PLANNING SERVICES DEPARTMENT City of Dubuque 50 W. 13'" Street Dubuque, IA 52001 SUBJECT: ANNEXATION REQUEST— LOT 2 W % NW — SEC T89N R2E Dear Mayor & City Council Members: We, Martin J Bahl, Linda C Bahl and Terrence G Bahl, owners of property along Asbury Road, legally described as LOT 2 W '/ NW— SEC 19 T89N R2E in Dubuque County, request annexation of this property into the City of Dubuque, Iowa. This parcel is shown on the attached map as Parcel 1019101002. Sincerely, i Martin J Bahl Date Linda C Bahl Date Terrence G Bahl Date f EXHIBIT A 7 LEGAL DESCRIPTION AND MAP OF ANNEXATION LOT 2 W 1/2 NW - SEC 19 T89N R2E in Dubuque County, Iowa PARCEL 1019101002 1=�LL L LL—LLLLI i i i LOCATION MAP _,_r RSBURY ROAD-'------'' , City of Asbury 4 w r, . l Legend BAHL PROPERTY TO BE ANNEXED 4� -�-� DUBUQUE CITY LIMITS Subject Are t E a1�n ,4201 3 _Forest Hill Ste_uubb.Odivisiong`F(ASb U_ry) 1_ '2400 — ----- 1 - i 6_1 Z6 16 16 611 J I J.21f18Stl ' 7 A2Af18SV _ t 221 61d5 LOCATION MAP - DUBUQUE- ASBURY 2441 2409 DUBUQUE !9 = ' r '4 1 DUBUQUE a LU . 2386 X87 BAHL Y1 PAHL al PROPERTY 23 PROPERTY I 2371t� 23io =--I 7 236 33 7615 i 7465 :�. 2357 Q 2a5� I: L 2. m I' 235ei O 234 07 i ,. �SBGE�]'-�j�_ - Legend ODubuque &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) - Dutiuq e County Assessor,City of Dub'uqu 9 � F v cityofAsbury September 10, 2015 Kevin Fimstahl, City Clerk City of Dubuque 50 Nest 131h Street Dubuque, IA 52001 RE: Voluntary Severance of Territory Dear Kevin: i I have enclosed Resolution No. 205-2015, a resolution approving Application for Voluntary Severance of Territoy from the City of Asbury. If you have any questions, feel free to contact me. Thank you. Sincerely, V Sara L. urke, CMC City Clerk Enclosure Ln m c-) ° m cD TTI � 0 o (D tv 5290 Grand Meadow Drive,Suite 1 a Asbury,Iowa 52002-2589 cityofasbury.com a info@cityofasbury.com 563.556.7106 i RESOLUTION NO. 205-2015 �� CITY OF ASBURY, IOWA RESOLUTION APPROVING APPLICATION FOR VOLUNTARY SEVERANCE OF TERRITORY FROM THE CITY OF ASBURY, IOWA WHEREAS, Martin J. Bahl, Linda C. Bahl and Terrence G. Bahl, the property owners, have submitted a written application for voluntary severance of approximately 1.30 acres of land from the City of Asbury, Iowa; and WHEREAS, Iowa Code Section 368.80 authorizes the severance of property in situations of this character by adoption of a resolution; and WHEREAS, the severance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASBURY, IOWA: Section 1. That the application of Martin J. Bahl, Linda C. Bahl and Terrence G. Bahl, the property owners, for voluntary severance of approximately 1.30 acres of land from the City of Asbury, Iowa, as shown in Exhibit A and legally described as Lot 2 WI/2—Sec 19 T89N R2E in Dubuque County is hereby approved for severance from the City of Asbury on condition that said property is annexed to the City of Dubuque. Passed, approved and adopted this 8`h day of September, 2015. Mayor Attest: Pp.'3 City Administr r The Honorable Mayor & City Council Members City of Asbury Asbury City Hall 5290 Grand Meadow Drive, Suite 1 Asbury, IA 52002 SUBJECT: SEVERANCE REQUEST — LOT 2 W %2 NW— SEC T89N R2E l Dear Mayor & City Council Members: We, Martin J Bahl, Linda C Bahl and Terrence G Bahl, owners of property along Asbury Road, legally described as LOT 2 W '/ NW— SEC 19 T89N R2E in Dubuque County, request severance of this property from the City of Asbury, Iowa. This parcel is shown on the attached map as Parcel 1019101002. Sincerely, jj Martin J Bahl Date 7 Linda C Bahl Date Terrence G Bahl Date I 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. 349-15 RESOLUTION APPROVING AN APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has received a written application from property owners Martin J. and Linda C. Bahl and Terrance G. Bahl for the voluntary annexation of approximately 1.30 acres of territory generally located from Asbury Road north to Forest Hills Subdivision in the City of Asbury, Iowa; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any State or railroad property; and Whereas, the annexation territory does not abut Dubuque County right-of-way; and Whereas, the annexation territory requires severance from the City of Asbury, and said severance has been granted by the City of Asbury; and Whereas, Chapter 368 of the Iowa Code authorizes the extension of City limits in situations of this character by adoption of a resolution after notification and public hearing; and Whereas, this annexation is consistent with the City's Comprehensive Plan; and Whereas, the City of Dubuque has the capacity to provide substantial municipal services to the annexation territory; and Whereas, the annexation is in the public interest. Resolution No. 349-15 Page 2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of property owners Martin J. and Linda C. Bahl and Terrance G. Bahl for the voluntary annexation of approximately 1.30 acres of territory generally located from Asbury Road north to Forest Hills Subdivision in the City of Asbury, Iowa, said territory lying outside of the corporate limits of the City of Dubuque, Iowa, as shown on Exhibit A and legally described as Lot 2 of the West Half of the Northwest Quarter of Section 19, Township 89 North, Range 2 East, is hereby approved for annexation to the City of Dubuque. Section 2. That the annexation territory requires severance from the City of Asbury, and said severance has been granted by the City of Asbury in accordance with Chapter 368 of the Iowa Code. Section 2. That, subject to the approval of the City Development Board, the corporate limits of the City of Dubuque be and they hereby are extended to include the approximately 1.30 acres of annexation territory as shown on Exhibit A. Section 3. That the City Council of Dubuque does hereby certify that the City of Dubuque has complied with the notice and hearing requirements of the Iowa Code pertaining to voluntary annexation of territory outside an urbanized area of another city. Section 4. That if the City Development Board approves this annexation, the territory hereby annexed shall become a part of Ward One of the City of Dubuque. Section 5. That the City Clerk shall file this resolution, all exhibits and the applications for voluntary annexation with the City Development Board of the State of Iowa in accordance with the provisions of Chapter 368 of the Iowa Code. Passed, approved and adopted this 5th day of Octob 2015. Attest: Kevin . Firnstahl, City Roy D. Buol, Mar F:\USERS\LCARSTEN\WP\Annex\Bahl Annexation 2015\Bahl annexation 2015 resolution.doc EXHIBIT A i LEGAL DESCRIPTION AND PLAT OF ANNEXATION g�1 LOT 2 W 1/2 N - SEC 19 T89N R2E in Dubuque County, Iowa LL.LLLL LOCATION MAP z City of Dubuque f (_RU 1. + w � Subject Area ` f ( s SII �, , Legend BAHL PROPERTY TO BE ANNEXED << DUBUQUE CITY LIMITS � � 1 � . . E " i STATE OF IOWA ISS: DUBUQUE COUNTY j 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: September 11, 2015, and for which the charge is $20.66. i CITY.OF DUBuQuE,,.: OFFICIAL 1�®TtlCE ' i NOTICE Oh:PURL_IC NOTICE Itis HEF2EBY"`�, GIVEN that the ';City Council of Dubuqu8; Iowa will hold a public Subscribed to before me, a No ry Public in and for Dubuque County, Iowa, hearing oh,a voluntary, annexation,request by j this day of , 20,E Martin J: and Linda`C. Bahl; and Terrance G: Bahl,property owners,. fortheyoluntaryannex- ation of,'�.30`acres of 1 property,= ,, generally located;,from Asbury Road north to,Forest Hills Subdivision in the city of."Asbury, Iowa. it otar Public id for Du ue Count Iowa. The property will be y n anq y� severad conpuriently_.�I from the City of,Asbury when annexed to-the City of Dubuquzel The public,hearing will,be,l.e.ld , DATE:;Monday,-Octo- i ber 5,2015 Ti E::6:3,0 P. PLACE City Council MARY K. ESTEFIK19EYER Chambers Historic Fed-. '^ Commission Plumber 154885 eral Building,r,350' 50 W. 6th Street+ :Oufsuque, My Cont, Exp, FEB, It ' wn w The_"legal description l of the proposed annec- ation territory is:?'Lot 21 of,.the W65t;Half of the Northwest Quarter of,/ Section=19, Township 89 North,Range 2.East, in the City of-Asbury,; Iowa,;including fo the centerline of adl'i Wh public right-of-way: At the public hearing, 1 all in or stel iparties maypresent oral,and written-,,., comments regarding the proposal. Copies of supporting documents, for the public hearing are on file in,the City Clerk's Office,' 50 W. 13th Street, Dubuque, and may.ge viewed during normal working hours. Any visual or hearing impaired persons need- ing11 special assistance 1 0r per with special -accessibility needs should contact the City;, Clerk's Office at (563) _589-4100,or,TDD (563) 690-6678 at least 48 hours prior to the meeting. it 9/11 THE CITY OF Dui Masterpiece on the Mississippi Dubuque hatil *American,' 11IIr 2007 • 2012 • 2013 City Development Board Iowa Economic Development Authority 200 E. Grand Avenue Des Moines IA 50309 Planning Services Department City Hall - 50 West 13th Street Dubuque, IA 52001-4805 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org October 28, 2015 RE: Voluntary Annexation to the City of Dubuque, Iowa concurrent with Voluntary Severance from the City of Asbury, Iowa — inconsistencies Dear Board Members: The purpose of this letter is to address inconsistencies relative to the Bahl application for voluntary annexation to the City of Dubuque concurrent with severance from the City of Asbury. The City of Dubuque respectfully requests that the Board waive the 31 -day waiting period for this correspondence, for consideration at the November 12 Board meeting. The application is a request by Martin J. and Linda C. Bahl, and Terrance G. Bahl, property owners, for the voluntary annexation of 1.30 acres of property (Freiberger Lane right-of-way) generally located from Asbury Road north to Forest Hills Subdivision in the City of Asbury. The property will be severed concurrently from the City of Asbury when annexed to the City of Dubuque. Below is a discussion of the inconsistencies. 1. Legal description The legal description of the proposed annexation territory is: Lot 2 of the West Half of the Northwest Quarter of Section 19, Township 89 North, Range 2 East, in the City of Asbury, Iowa, including to the centerline of adjoining public right-of-way. The portion shown in bold text above is included in the Dubuque County Auditor's verification correspondence, in the City of Dubuque's certified notice to necessary parties, and in the City of Dubuque's publication in the local newspaper. The portion shown in bold text above is not included in City of Dubuque Resolution No. 308-15 Setting a Public Hearing on Application for Voluntary Annexation nor in Resolution No. 349-15 Approving an Application for Voluntary Annexation of Territory. Service People Integrity Responsibility Innovation Teamwork Both the City of Dubuque and the City of Asbury intended to maintain their corporate limits along the centerline of adjoining public right-of-way with the concurrent annexation and severance of the territory. The City of Dubuque respectfully requests that these inconsistencies be considered Scribner's errors. 2. Public right -of way The City of Dubuque's October 21, 2015 transmittal letter includes a statement that "the annexation territory does include a portion of County -owned road right-of-way." However, the abutting public right-of-way is not County -owned. The adjoining public right-of-way is Asbury Road. The enclosed Exhibit A shows the 1.30 -acre parcel to the centerline of the right-of-way abuts the Dubuque city limits. As shown on the enclosed map, Asbury Road (red line) is a major east -west arterial that traverses both cities. In some locations, Asbury Road lies within the Dubuque corporate limits (shown in blue), and is owned by the City of Dubuque. In some locations, Asbury Road lies within the Asbury corporate limits (shown in yellow), and is owned by the City of Asbury. The inset map shows the annexation territory in relation to the two cities. Asbury Road in the vicinity of the annexation territory is not owned by Dubuque County (shown as white area on the map). This distinction is made in City of Dubuque Resolution No. 308-15 Setting a Public Hearing on Application for Voluntary Annexation and Resolution No. 349-15 Approving an Application for Voluntary Annexation of Territory. Both Resolutions state that "the annexation territory does not abut Dubuque County right-of-way." The City of Dubuque respectfully requests that these inconsistencies be considered Scribner's errors. Thank you for your consideration of this request. If you have any questions regarding this information, please feel free to contact me at 563-589-4210 or via email at Icarsten a(�citvofdubuque.orq. Sincerely, N W€)l. 021.14, Laura Carstens Planning Services Manager Enclosures cc: Michael C. Van Milligen, City Manager Barry A. Lindahl, City Attorney Kevin S. Firnstahl, City Clerk Matt Rasmussen, Administrator, City Development Board EXHIBIT A LEGAL DESCRIPTION AND MAP OF ANNEXATION LOT 2 W 1/2 NW - SEC 19 T89N R2E in Dubuque County, Iowa PARCEL 1019101002 LOCATION MAP _r ---ASBURY ROAR7_- City of Asbury; Legend BAHL PROPERTY TO BE ANNEXED DUBUQUE CITY LIMITS INSET -MAP SEE INSET MAP ASBURY 4S64rY ROad CD t. -a - 0 111 ���%Ifi11{f1111ti1111 �.� .sigu11duikommesUIU X11 Area to be Annexed (Frieberger Lane ROW) Pennsylvania Road DUBUQUE ° 0 0 0. REE JVED 15 NOV 13 I'i1 l2: 33 City Clerks Office Dubuque, IA CITY DEVELOPMENT BOARD STATE OF IOWA IN THE MATTER OF THE SEVERANCE FROM ASBURY AND VOLUNTARY ANNEXATION TO DUBUQUE WITHIN THE URBANIZED AREA OF THE CITY OF ASBURY NO. S/UA15-22 / DUBUQUE NOTICE OF MEETING TO CONSIDER VOLUNTARY ANNEXATION WITHIN AN URBANIZED AREA TO: 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 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 PROOF OF SERVICE The undersigned hereby certifies that a true copy of the foregoing instrument was served upon: Mr. Ralph Potter Alliant Energy, Attn.: CEO Dubuque Co. Attorney 1000 Main Street 720 Central Avenue Dubuque, IA 52001 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 Mayor & City Council 5080 Asbury Rd. Asbury, IA 52002-2522 Mr. Barry Lindahl Dubuque City Attorney 50 W. 13th Street Dubuque, IA 52001-4864 Mr. Kevin Firnstahl Dubuque City Clerk 50 West 13th Street Dubuque, IA 52001-4864 Ms. Mary Chris Lotspeich Qwest 3908 Utica Ridge Rd. Bettendorf, IA 52722-1628 Ms. Jan Schaffer U.S. West 615 3rd Avenue S.W. Cedar Rapids, IA 52401 MCI, Engineering Department 560 2nd Avenue S.E. Cedar Rapids, IA 52401 Ms. Vicki Davis AT&T Corporation 3001 Cobb Parkway Atlanta, GA 30339 Black Hills Energy 1015 Cedar Cross Road Dubuque, IA 52003 Maquoketa Valley Rural Electric 109 N. Huber, P.O. Box 370 Anamosa, IA 52205-0370 Mediacom, Attn.: General Manager 3033 Asbury Road Dubuque, IA 52001 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 ing, Ad r in strative 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 severed from the City of Asbury, Iowa, and annexed to the City of Dubuque, Iowa CDB Case No. S/UA15-22 Lot 2 of the West Half of the Northwest Quarter of Section 19, Township 89 North, Range 2 East in Dubuque County, including to the centerline of adjoining public right-of-way; Parcel #1019101002. The territory extends to the center line of all secondary roads adjacent to the above described properties. .44.rm EXHIBITA LEGAL DESCRIPTION AND MAP OF ANNEXATION LOT 2W1/2 NWSEC 19T89N R2E in Dubuque County, Iowa PARCEL 1019101002 Legend BAHL PROPERTY TO BE ANNEXED DUBUQUE CITY LIMITS LOCATION MAP, City of Asbury Subject Are E • tx158 '� 42', 'i613' Forest Hills Subdivision: Asbur 166316 615 61 $S P.13U 61 6111 �D986D �Jo Y) 6122 j61616` 1 AHL OPERT'Y ASBURY-RD.__ Legend imm Dubuque & Asbury City Limits Bahl Property (1.3Q 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) :Dubuque County Assessor, City of;_Dubuque Assessor SEE INS& MAF 11 d ca , -0, 0 11=14111 I IS '11 Area to be Annexed (Frieberger Lane ROW) 0 0 0 PA Pennsylvania Road, DUBUQUE 12,LL L If N IOWA ECONOMIC DEVELOPMENT AUTHORITY 200 East Grand Avenue i Des Moines, Iowa 50309 USA i Phone: 515.725.3000 iowaec000micdevelopment.com November 3, 2015 Dubuque City Council 50 West 13th Street Dubuque, IA 52001-4805 RE: City Development Board Case File S/UA15-22 ti conornic dev lc pment Attention Dubuque City Council: On October 26, 2015, the City Development Board (CDB) received a proposal for a boundary adjustment consisting of a severance of property from the City of Asbury and voluntary annexation to the City of Dubuque, CDB Case File No. S/UA15-22. Upon initial review, the proposal appears to be complete and properly filed. The Board will consider the proposal submitted at its January 13, 2016, meeting. At that meeting, the Board will review the proposal for severance/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 severance/annexation. Please arrange to have a representative present either in-person or via telephone at the City Development Board meeting to answer questions which the Board may have regarding your severance/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. Sinc Matt ' asmussen City Development Board Administrator MR:blh Enclosure cc: r. Kevin Firnstahl, City of Dubuque / without enclosure Governor Terry E. Branstad Lt. Governor Kim Reynolds l Director Debi V. Durham 0 IOWA ECONOMIC DEVELOPMENT AUTHORITY 200 East Grand Avenue 1 Des Moines, Iowa 50309 USA I Phone: 515.725.3000 iowaeconomicdevelopment.com November 3, 2015 Dubuque City Council 50 West 13th Street Dubuque, IA 52001-4805 RE: City Development Board Case File S/UA15-22 1 u lir I � ,��. Ali ii I u Attention Dubuque City Council: On October 26, 2015, the City Development Board (CDB) received a proposal for a boundary adjustment consisting of a severance of property from the City of Asbury and voluntary annexation to the City of Dubuque, CDB Case File No. S/UA15-22. Upon initial review, the proposal appears to be complete and properly filed. The Board will consider the proposal submitted at its January 13, 2016, meeting. At that meeting, the Board will review the proposal for severance/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 severance/annexation. Please arrange to have a representative present either in-person or via telephone at the City Development Board meeting to answer questions which the Board may have regarding your severance/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. Sinc. Matt'Rasmussen City Development Board Administrator M R:blh Enclosure cc: Mr. Kevin Firnstahl, City of Dubuque / without enclosure Governor Terry E. Branstad 1 Lt. Governor Kim Reynolds I Director Debi V. Durham Masterpiece on the Mississippi Dubuque NI-NnericaCily 111r 2007 S/UA15-22 DUBUQUE OF IOWA City Clerk's Office 50 West 13th Street Dubuque, Iowa 52001-4805 Office (563) 589-4120 TTY (563) 690-6678 cityclerk@cityofdubuque.org www.cityofdubuque.org OCT 2 6 2015 October 21, 2015 Matt Rasmussen, Administrator QTY DEVELOPMENT BOARD City Development Board Iowa Dept of Economic Development 200 E. Grand Avenue Des Moines IA 50309 RE: Voluntary Annexation to the City of Dubuque, Iowa concurrent with Voluntary Severance from the City of Asbury, Iowa Dear Mr. Rasmussen: Enclosed are one original and fifteen (15) copies of an application for voluntary annexation to the City of Dubuque, Iowa concurrent with severance from the City of Asbury, Iowa and supporting documentation, as follows: Copy of application for voluntary annexation to the City of Dubuque, Iowa of a 1.30 -acre parcel by landowners Martin J. Bahl, Linda C. Bahl and Terrance G. Bahl provided to the Dubuque City Council for their consideration; Certified copy of Resolution No. 308-15 Setting a Public Hearing on Application for Voluntary Annexation of Territory to the City of Dubuque, Iowa adopted by the Dubuque City Council on September 8, 2015; Copy of Resolution No. 205-2015 Approving Application for Voluntary Severance of Territory from the City of Asbury, Iowa adopted by the Asbury City Council on September 8, 2015, which includes copy of application for voluntary severance from the City of Asbury, Iowa of subject parcel by landowners Martin J. Bahl, Linda C. Bahl and Terrance G. Bahl provided to the Asbury City Council for their consideration; Certified copy of Resolution No. 349-15 Approving an Application for Voluntary Annexation of Territory to the City of Dubuque, Iowa adopted by the Dubuque City Council on October 5, 2015, which includes: a) a complete legal description of the property to be annexed, b) a statement that the annexation territory is not subject to an existing annexation moratorium agreement, c) a statement that the annexation territory does not include any State or railroad property, d) a statement that the annexation territory does include a portion of County - owned road right-of-way, and Service People Integrity Responsibility Innovation Teamwork e) a statement that the annexation territory requires severance from the City of Asbury, Iowa and said severance has been granted by the City of Asbury. Copy of September 28, 2015 City Staff Report to the City Council with respect to the concurrent applications for voluntary annexation and severance; Copy of email correspondence with Dubuque County Auditor's Office regarding verification of the ownership and legal description of the annexation territory and the Auditor's response; and Certificate of Publication stating notice of public hearing on voluntary annexation application was published in the official newspaper on September 11, 2015; and Certification of notices of voluntary annexation application provided to the necessary parties on September 11, 2015 with copy of said notices and certified receipts of mailings. If you need additional documents, please contact me. Sincerely, Ke 'n S. Firnstah ;CMC City Clerk Enclosures cc: Michael C. Van Milligen, City Manager Barry A. Lindahl, City Attorney Laura Carstens, Planning Services Manager The Honorable Mayor & City Council Members City of Dubuque 50 W. 13th Street Dubuque, IA 52001 ECEHE AUG 3 1 2015 CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT SUBJECT: ANNEXATION REQUEST — LOT 2 W'/2 NW — SEC T89N R2E Dear Mayor & City Council Members: We, Martin J Bahl, Linda C Bahl and Terrence G Bahl, owners of property along Asbury Road, legally described as LOT 2 W'/2 NW — SEC 19 T89N R2E in Dubuque County, request annexation of this property into the City of Dubuque, Iowa. This parcel is shown on the attached map as Parcel 1019101002. Sincerely, r&fJ e--07(675- Martin J Bahl Date Linda C Bahl Date -2 - Terrence G Bahl Date EXHIBIT A LEGAL DESCRIPTION AND MAP OF ANNEXATION LOT 2W1/2 NW - SEC 19 T89N R2E in Dubuque County, Iowa PARCEL 1019101002 ASBURY:ROAD__ Legend BAHL PROPERTY TO BE ANNEXED DUBUQUE CITY LIMITS Subject A re 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. 308-15 RESOLUTION SETTING A PUBLIC HEARING ON AN APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has received a written application from Martin J. and Linda C. Bahl, and Terrance G. Bahl for the voluntary annexation of territory generally located from Asbury Road north to Forest Hills Subdivision in the City of Asbury; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any State or railroad property; and Whereas, the annexation territory does not abut Dubuque County right-of-way; and Whereas, Iowa Code section 368.7 authorizes the extension of City limits in situations of this character by adoption of a resolution after notification and public hearing; and Whereas, this annexation is consistent with the City's Comprehensive Plan; and Whereas, the City of Dubuque has the capacity to provide substantial municipal services to the annexation territory; and Whereas, the annexation is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Resolution No. 308-15 Page 2 A public hearing will be held on the 5th day of October, 2015, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed annexation, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than fourteen business days prior to the date of such hearing. Passed, approved and adopted this 8th day of Sept ber, 2015. Attest: Kevin S. Firnstalil, City Clerk Roy D. Buol, Mayor F:\USERS\LCARSTEN\WP\Annex\Bahl Annexation 2015\Set hearing bahl annexation 2015 resolution.doc CERTIFICATE of the CITY CLERK STATE OF IOWA ) ) 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. 308-15 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 21st day of October, 2015. Kevi S. Firnstah , C, City Clerk (SEAL) September 10, 2015 Kevin Firnstahl, City Clerk City of Dubuque 50 West 13th Street Dubuque, IA 52001 ,71_ c RE: Voluntary Severance of Territory Dear Kevin: I have enclosed Resolution No. 205-2015, a resolution approving Application for Voluntary Severance of Territoy from the City of Asbury. If you have any questions, feel free to contact me. Thank you. Sincerely, Sara L. 'urke, CMC City Clerk Enclosure 5290 Grand Meadow Drive, Suite 1 • Asbury, Iowa 52002-2589 cityofasbury.com • info@cityofasbury.com 563.556.7106 RESOLUTION NO. 205-2015 CITY OF ASBURY, IOWA RESOLUTION APPROVING APPLICATION FOR VOLUNTARY SEVERANCE OF TERRITORY FROM THE CITY OF ASBURY, IOWA WHEREAS, Martin J. Bahl, Linda C. Bahl and Terrence G. Bahl, the property owners, have submitted a written application for voluntary severance of approximately 1.30 acres of land from the City of Asbury, Iowa; and WHEREAS, Iowa Code Section 368.80 authorizes the severance of property in situations of this character by adoption of a resolution; and WHEREAS, the severance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASBURY, IOWA: Section 1. That the application of Martin J. Bahl, Linda C. Bahl and Terrence G. Bahl, the property owners, for voluntary severance of approximately 1.30 acres of land from the City of Asbury, Iowa, as shown in Exhibit A and legally described as Lot 2 W1/2 — Sec 19 T89N R2E in Dubuque County is hereby approved for severance from the City of Asbury on condition that said property is annexed to the City of Dubuque. Passed, approved and adopted this 8th day of September, 2015. Attest: Err z, City Administra r V Mayor The Honorable Mayor & City Council Members City of Asbury Asbury City Hall 5290 Grand Meadow Drive, Suite 1 Asbury, IA 52002 SUBJECT: SEVERANCE REQUEST — LOT 2 W'/z NW — SEC T89N R2E Dear Mayor & City Council Members: We, Martin J Bahl, Linda C Bahl and Terrence G Bahl, owners of property along Asbury Road, legally described as LOT 2 W '/z NW — SEC 19 T89N R2E in Dubuque County, request severance of this property from the City of Asbury, Iowa. This parcel is shown on the attached map as Parcel 1019101002. Sincerely, (122:412,, Martin J Bahl 4,411 Date Linda C Bahl Date Terrence G Bahl 531 Date • EXHIBIT A LEGAL DESCRIPTION AND MAP OF ANNEXATION LOT 2 W 1/2 NW - SEC 19 T89N R2E in Dubuque County, Iowa PARCEL 1019101002 it O ■ 1 Pro OA. 9 V 0; 4 Legend BAHL PROPERTY TO BE ANNEXED DUBUQUE CITY LIMITS LOCATION MAP,__ City of Asbury Subject Are 147:0--A\ City jof D ubtiuqu_ crt 1 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. 349-15 RESOLUTION APPROVING AN APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has received a written application from property owners Martin J. and Linda C. Bahl and Terrance G. Bahl for the voluntary annexation of approximately 1.30 acres of territory generally located from Asbury Road north to Forest Hills Subdivision in the City of Asbury, Iowa; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any State or railroad property; and Whereas, the annexation territory does not abut Dubuque County right-of-way; and Whereas, the annexation territory requires severance from the City of Asbury, and said severance has been granted by the City of Asbury; and Whereas, Chapter 368 of the Iowa Code authorizes the extension of City limits in situations of this character by adoption of a resolution after notification and public hearing; and Whereas, this annexation is consistent with the City's Comprehensive Plan; and Whereas, the City of Dubuque has the capacity to provide substantial municipal services to the annexation territory; and Whereas, the annexation is in the public interest. Resolution No. 349-15 Page 2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of property owners Martin J. and Linda C. Bahl and Terrance G. Bahl for the voluntary annexation of approximately 1.30 acres of territory generally located from Asbury Road north to Forest Hills Subdivision in the City of Asbury, Iowa, said territory lying outside of the corporate limits of the City of Dubuque, Iowa, as shown on Exhibit A and legally described as Lot 2 of the West Half of the Northwest Quarter of Section 19, Township 89 North, Range 2 East, is hereby approved for annexation to the City of Dubuque. Section 2. That the annexation territory requires severance from the City of Asbury, and said severance has been granted by the City of Asbury in accordance with Chapter 368 of the Iowa Code. Section 2. That, subject to the approval of the City Development Board, the corporate limits of the City of Dubuque be and they hereby are extended to include the approximately 1.30 acres of annexation territory as shown on Exhibit A. Section 3. That the City Council of Dubuque does hereby certify that the City of Dubuque has complied with the notice and hearing requirements of the Iowa Code pertaining to voluntary annexation of territory outside an urbanized area of another city. Section 4. That if the City Development Board approves this annexation, the territory hereby annexed shall become a part of Ward One of the City of Dubuque. Section 5. That the City Clerk shall file this resolution, all exhibits and the applications for voluntary annexation with the City Development Board of the State of Iowa in accordance with the provisions of Chapter 368 of the Iowa Code. Passed, approved and adopted this 5th day of Octobe' 2015. II/ 0, L., Attest: l Kevin S`. Firnstahl, City Li Lig Roy D. Buol, Mbar J F:\USERS\LCARSTEN\WP\Annex\Bahl Annexation 2015\Bahl annexation 2015 resolution.doc EXHIBIT A LEGAL DESCRIPTION AND MAP OF ANNEXATION LOT 2 W 1/2 NW - SEC 19 T89N R2E in Dubuque County, Iowa PARCEL 1019101002 LOCATION ASBURY.ROAD Legend City &Asbury BAHL PROPERTY TO BE ANNEXED I. DUBUQUE CITY LIMITS Subject Are. E CERTIFICATE of the CITY CLERK STATE OF IOWA 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. 349-15 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 6th day of October, 2015. ,"A" Kevir(S. Firnstahl, CIVCity Clerk Masterpiece on the Mississippi Co"' - 1 -11 0\jt c - i jO TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bahl Annexation Request -- Approval DATE: September 28, 2015 Dubuque bed M Amefcaciiy 211of 2012 013 Planning Services Manager Laura Carstens recommends City Council approval of the 100% voluntary annexation request from property owners Martin J. and Linda C. Bahl and Terrance G. Bahl for a 1.30 -acre parcel located in the City of Asbury between Asbury Road and Forest Hills Subdivision. The Asbury City Council approved severance from the City of Asbury to avoid creation of an "island" of unincorporated land between the two cities. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael 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 Dub Masterpiece on the Mississippi MEMORANDUM TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager SUBJECT: Bahl Annexation Request -- Approval DATE: September 28, 2015 Dubuque AIFAmericaCity I 2007 • 2012 •2013 INTRODUCTION This memorandum transmits for City Council's approval, the 100% voluntary annexation request from property owners Martin J. and Linda C. Bahl and Terrance G. Bahl for a 1.30 -acre parcel located in the City of Asbury between Asbury Road and Forest Hills Subdivision. A resolution and other supporting documents are enclosed. DISCUSSION The Bahls own a parcel platted as "Frieburger Lane" (parcel 1019101002) and legally described as "Lot 2 of the West Half of the Northwest Quarter of Section 19, Township 89 North, Range 2 East". The enclosed vicinity map shows this narrow 1.30 -acre parcel separates two large parcels of Bahl property located in the City of Dubuque. This request requires severance from Asbury to avoid creation of an "island" of unincorporated land between the two cities. The City of Asbury has approved the Bahls' severance request. This request is related to a similar severance / annexation process for property owned by Stephen Kelley at 6900 Asbury Road in Dubuque. The City of Dubuque approved Mr. Kelley's severance request and the City of Asbury approved Mr. Kelley's annexation request. By Iowa Code, the City of Dubuque must consider the 100% voluntary annexation request at a public hearing because the property lies within two miles of another city; in this case, Asbury. Both the Kelley and Bahl annexations are subject to approval by the City Development Board, the state board that decides on these types of voluntary annexation in urbanized areas. RECOMMENDATION recommend that the City Council approve the Bahl annexation request because it is in the best interest of the City of Dubuque and the severance has been approved by Asbury. City staff will forward the request to the City Development Board required by Iowa Code for final disposition. Enclosures cc: Gus Psihoyos, City Engineer F:IUSERSILCARSTEN\WP\Annex\Bahl Annexation 2015\Memo MVM Bahl annex approval.doc The Honorable Mayor & City Council Members City of Dubuque 50 W. 13th Street Dubuque, IA 52001 AUG 3 1 2015 CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT SUBJECT: ANNEXATION REQUEST — LOT 2 W'/z NW — SEC T89N R2E Dear Mayor & City Council Members: We, Martin J Bahl, Linda C Bahl and Terrence G Bahl, owners of property along Asbury Road, legally described as LOT 2 W Yz NW — SEC 19 T89N R2E in Dubuque County, request annexation of this property into the City of Dubuque, Iowa. This parcel is shown on the attached map as Parcel 1019101002. Sincerely, ti 1P961/ Martin J Bahl Date M «46,4 R-) Linda C Bahl Date Terrence G Bahl Date EXHIBIT A LEGAL DESCRIPTION AND MAP OF ANNEXATION LOT 2 W 1/2 NW - SEC 19 T89N R2E in Dubuque County, Iowa PARCEL 1019101002 LOCATION MAP.. rs ASBURY ROAD . Y-1 Legend BAHL PROPERTY TO BE ANNEXED DUBUQUE CITY LIMITS LSi7111166 61 6 11 �r58�42'13 tForest HilSvision (Asbury) 16 515 61 22 _ 13 e 61ls;^ubdi�U98 trl•J 61 d6 �!" l i — — — — DUBUQUE— -BAHL -PROPERTY I • 2400 II I LOCATION MAP ASBURY • DUBUQUE 41f 24'17 244 1 24C9 244' CJ C:! ci BAHL PROPERTY a) 7615 234 CA --ST ST --.----...21 331; n7 i 232 ,23 X2317 - ' 231.- 2117 ——ASBIJRy-RQ: 7615 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) 7120- 701004 6900 • / 6013 • 60 5005 1. :• I -�, u:I Dubuque County Assessor, City ofDubugue Assessor VA' Aral N. Int a itrk� :h -e ZF111l jT;•� `y� Area.to be Annexed (Frieberger Lane �(7YIv v 4d.5x7Po C; (10/21/2015) Laura Carstens - RE Bahl Annexation - Verification Request Page 11 From: Jeff Miller <Jeff.Miller@dubuquecounty.us> To: Denise. Dolan@dubuquecounty.us; Lcarsten@cityofdubuque.org Date: 9/1/2015 9:56 AM Subject: RE: Bahl Annexation - Verification Request The ownership and legal description are correct. Do you expect this to be completed by the November 3rd election? Jeff Miller, GISP GIS Coordinator Dubuque County ph. (563) 589-7896 Original Message From: Laura Carstens [mailto:Lcarsten@cityofdubuque.org] Sent: Tuesday, September 01, 2015 9:54 AM To: Denise Dolan <Denise.Dolan@dubuquecounty.us> Cc: Jeff Miller <Jeff.Miller@dubuquecounty.us> Subject: Bahl Annexation - Verification Request Denise, The City of Dubuque has received the enclosed Bahl annexation request for 1.30 acres currently in the City of Asbury. By Iowa Administrative Code Section 263-7.2 (2)(d), prior to City Council action, the City must provide a copy of the landowners' application and the legal description of the entire annexation territory to the County Auditor requesting verification of the accuracy and completeness of the legal description for the entire annexation territory and verification of the current ownership of the parcel involved. The City of Dubuque also requests verification of ward and precinct assignments for the property. Please review and verify the following information: The legal description of the Bahl property (parcel 1019101002) is Lot 2 of the West Half of the Northwest Quarter of Section 19, Township 89 North, Range 2 East. The legal description of the entire annexation territory is Lot 2 of the West Half of the Northwest Quarter of Section 19, Township 89 North, Range 2 East, including to the centerline of the adjoining public roadway. The landowners of the Bahl property are Martin J. Bahl, Linda C. Bahl, and Terrance G. Bahl. The property upon annexation will become part of City of Dubuque Ward 1 Precinct 5. Please contact me with any questions. Thanks. Laura Laura Carstens Planning Services Manager City Hall - 50 W. 13th Street Dubuque IA 52001 Phone: 563-589-4210 (10/21/2015) Laura Carstens - RE: Bahl Annexation - Verification Request Page 2 Fax: 563-589-4221 This message has been scanned for malware by Websense. www.websense.com Click https://www.mailcontrol.com/sr/gDKrZthJLinGX2PQPOmVUj IGOBh06pKK6MnuDfZyzgSkNCay2njbpZEh7 iGY4duAph7mR0EIcFWW4Hi4JZPuPA== to report this email as spam. (10/21/2015) Laura Carstens - Bahl Annexation 2015.pdf Page 1 The Honorable Mayor & City Council Members City of Dubuque 50 W. 131h Street Dubuque, IA 52001 101 nnAUG 31 2015 LuJ CITY Of DUBUQUE PLANNING SERVICES DEPARTMENT SUBJECT: ANNEXATION REQUEST — LOT 2 W 1/2 NW — SEC T89N R2E Dear Mayor & City Council Members: We, Martin J Bahl, Linda C Bahl and Terrence G Bahl, owners of property along Asbury Road, legally described as LOT 2 W % NW — SEC 19 T89N R2E in Dubuque County, request annexation of this property into the City of Dubuque, Iowa. This parcel is shown on the attached map as Parcel 1019101002. Sincerely, Martin J Bahl Date Linda C Bahl Date rte, SajJ T -? 1g /C Terrence G Bahl Date (10/21/2015) Laura Carstens - Bahl Annexation 2015 pd Page 2 EXHIBIT A LEGAL DESCRIPTION AND MAP OF ANNEXATION LOT 2 W 1/2 NW - SEC 19 T89N R2E in Dubuque County, Iowa PARCEL 1019101002 ._l_.UI1._L.1:. suRY"ftono—�--�— „Jill LILL Legend BAHL PROPERTY TO BE ANNEXED ILA DUBUQUE CITY LIMITS LOCATION MA fJ City'ofAsb ry' Subject Aro 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: September 11, 2015, and for which the charge is $20.66. Subscribed to before me, a No this day of "ry Public in and for Dubuque County, Iowa, , 20,E . otary Public in and for Du que County, Iowa. MARY K. VIE$TERMEVER Commission Number 1 54385 • My COMA. Exp. FEB. 1...r31'� CITY OF DUBUQUE, =_IOWA OFFICIAL NOTICE ` NOTICE OF PUBLIC HEARING NOTICE -IS -HEREBY GIVEN: that the •;City ] .Council of Dubuque, Iowa willholda public .� hearing on -a voluntary annexation; request by,j Martin Land Linda C ;i Bahl, and Terrance G. - Bahl, -Bahl, .property owners, forthevoluntary annex- ation of ,1.30 nnex-ation;of;;1.30': acres of property''' - generally'! located from Asbury l Road north to Forest Hills Subdivision in the City of Asbury, Iowa. - The property will be--,� severed: concurrently. from the City of Asbury when annexed -to the City of Dubuque. - The public hearing ,will be held: ... DATE: Monday, Octo- ber5, 2015 TIME: 6:30 p.m. PLACE: City Council Chambers, Historic Fed- eral ed eral Building, 350 W. 6th Street, Dubuque, Iowa The legal description of the proposed annex- .I ation territory is: Lot 2 of, the West Half of the Northwest; Quarter of Section 19, Township 89 North, Range 2 East, in the City of Asbury. Iowa, including to the centerline of adjoining public right-of-way. At the public hearing, all interested parties may present oral and written comments regarding the proposal. Copies of supporting documents for the 1 public hearing are on 1 file in the City Clerk's Office, 50 W. . 13th Street, Dubuque, and may be viewed during normal working hours. Any visual or hearing impaired persons need- ing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589-4100 or TDD (563) 690-6678 at least 48 hours prior to the meeting. - 1F /11 Certification of notices of voluntary annexation application provided to the necessary parties on September 11, 2015 with copy of said notices and certified receipts of mailings for the Bahl Voluntary Annexation to the City of Dubuque, Iowa. The enclosed notices were mailed via Certified Mail by the City of Dubuque's Planning Services Department on September 11, 2015. This date is at least 14 business days prior to any action by the Dubuque City Council on the application. The City Council approved the application on October 5, 2015. The City of Dubuque provided notice of the application to the necessary parties: a. Cities whose boundary adjoin the territory or that are within two miles of the Territory — City of Asbury, Iowa. b. Each affected public utility — Qwest, U.S. West, MCI, AT&T, Alliant Energy, Black Hills Energy, Maquoketa Valley Rural Electric, Mediacom. c. The Board of Supervisors of each county containing a portion of the territory — Dubuque County Board of Supervisors. d. The regional planning authority for the territory — East Central Intergovernmental Association. Certified by: Laura Carstens Planning Services Manager City of Dubuque, Iowa October 21, 2015 Bahl Voluntary Annexation, City of Dubuque — Certified Mailing List Mailed via Certified Mail by Planning Services Department on September 11, 2015 MARY CHRIS LOTSPEICH QWEST 3908 UTICA RIDGE RD. BETTENDORF IA 52722-1628 JAN SCHAFFER U.S. WEST 615 3RD AVENUE S.W. CEDAR RAPIDS IA 52401 ENGINEERING DEPARTMENT MCI 560 2ND AVENUE S.E. CEDAR RAPIDS IA 52401 AT&T CORPORATION ATTN: VICKI DAVIS 3001 COBB PARKWAY ATLANTA GA 30339 CHIEF EXECUTIVE OFFICER ALLIANT ENERGY 1000 MAIN STREET DUBUQUE IA 52001 CHIEF EXECUTIVE OFFICER BLACK HILLS ENERGY 1015 CEDAR CROSS ROAD DUBUQUE IA 52003 MAQUOKETA VALLEY RURAL ELECTRIC P O BOX 370 109 N. HUBER ANAMOSA IA 52205-0370 GENERAL MANAGER MEDIACOM 3033 ASBURY ROAD DUBUQUE IA 52001 KELLY DEUTMEYER, EXEC. DIRECTOR ECIA 7600 COMMERCE PARK DUBUQUE IA 52002 CHAIRPERSON DUBUQUE COUNTY BD OF SUPERVISORS 720 CENTRAL AVENUE DUBUQUE IA 52001 DENISE DOLAN DUBUQUE COUNTY AUDITOR 720 CENTRAL AVE DUBUQUE IA 52001 MAYOR AND CITY COUNCIL CITY OF ASBURY 5080 ASBURY RD DUBUQUE IA 52002-2522 m m .11 m ru m D D 1= r1 O O D N r -R N IrD P- 7013 2250 0001 U.S.- Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® ';ICE kur Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Requlred)- Total Postage & Fee. Sent To Street, Apt. No.; or PO Box No. City, State, ZiP+4 VSEL Postmark Here CHIEF EXEC OFFICER ALLIANT ENERGY 1000 MAIN ST DUBUQUE IA 52001 O.1c27110811QlltRIT Illor naaimui.mt ar miii-- u ' "" """ \ U.S. Postal Service,. CERTIFIED MAiLTM RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For delivery information visit our website at www.uspscom® Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here Sent To T e Honors) e vapor & City ounce Street, Apt. No.; C i ty--of- -Asbury or PO Box No. 5080,Asbury Rd City, State, ZIP+4 Asbur IA 52002. PS Form 3600, August 2006 See Revelsefor Instructions 7013 2250 0001 U S. Postal Service,. CERTIFIED: MAILTM RECEIPT (Domestic Mail Only; No insurance Coverage Provided) for delivery information visit our website `atwww.usps com®% Postage. Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here Sent To Dubuque Co. Board of Supervisors Street, Apt. No.; Dubuque Co. Court House or PO Box No. City,State, ZIP+4 720 Central Ave., Dubuque IA P5 Form 3800, August 2006 See Reverse for lnstructions 7013 2250 0001 7409 7974 U.S. Postal ServlceTM CERTIFIED MAiLY. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery info[mation visit aur,,websitQ at.www.usps.com® Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here r� O co IT' D r-1 D D t -r1 ru ru m r1 Q m m m ru m co D D rR D D Sent To Kel ley Deutmeyer, EC IA Street, Apt. No.; 7600 Commerce Park or PO Box No. City, State, ZIP+4 Dubuque- 1'A -520-0-2 • See Reverse for instructions U.S. Postal Service,,, CERTIFIED MAiLTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coma Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsernent Required) Total Postage & Fees Sent To Street, Apt. No.; or PO Box No. City, State, ZIP+4 Postmark Here DENISE DOLAN DUBUQUE CO AUDITOR 720 CENTRAL AVE DUBUQUE IA 52001 PS Form 3800, August 2006 See Reverse for Instructions' U.S OS aL Servicerr.; CERTIFIED MAiLTM RECEIPT (Domestic Mall. Only; No Insurance Coverage Provided) For delivery information visit our website at www lisps coma Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Fee (Endorsement De(iveRequired) Total Postage & Fees Sent To Street, Apt. No.; or PO Box No. Postmark Here AT&T CORPORATION ATTN: VICKI DAVIS 3001 COBB PKWY RM 162 ATLANTA GA 30339 City, State, ZiP+4 • Fix r rale riiY r 9 +h ' • �n.Fers.,o ru m 1=0 D - U.S. Postal Service,. CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.comv g r-2 Postage Certified Fee t -R Return Receipt Fee 1:0 (Endorsement Required) CI al Restricted Delivery Fee (Endorsement Required) Lfl ru n -j m r r - 7409 8025 Total Postage 8' GENERAL MANAGER MEDIACOM 3033 ASBURY RD DUBUQUE IA 52001. 0 141 ru ru r9 Sent To Street, Apt. No., or PO Box No. City, State, ZIP+4 • Postmark Here U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.comp Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To Street, Apt. ?Vo.; or PO Box No. 0 0 0' City, Stale, ZIP+4 Postmark Here MAQ VALLEY RURAL ELEC P 0 BOX 370 109 N HUBER ANAMOSA IA 52205-0370 PS. ForlWidijOqgy.st 2006 6 Revel, 7, afiatt. U.S. Postal Service,. • CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at,www.usps.como - z Postage Certified Fee r-1 Return Receipt Fee (Endorsement Requi(ed) 1=1 Restricted DeliVetyFee (Endorsement Required) 0 ru ru Total Postage & Fees Sent To rn 1-9 Street, Apt. No.; 0 or PO Box No. ▪ City, State, ZiP+4 Postmark Here ENGINEERING DEPT MCI 500 2ND AVE S E CEDAR RAPIDS IA 52401 ........ ......... _ m m m m 111 rn 0 0 1=0 0 .11 0 r - 7409 8049 r1 0 0 0 7013 2250 7013 2250 0001 U.S. Postal S�rvjceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.como Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) . Total Postage & Fees Postmark Here Sent To Mary C ris Lotspeic Street, Apt. No.; or PO Box No. City, State, Z1P+4 QWEST, 3098 Utica Ridge Rd PS Form 3800, August 2005 - 6/a See Reverse for Instructions U.S. Postal Service rra CERTIFIED MAIL, RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here Cede Rapids A 5240,3 s Form 3800, August 2006 Sent To Jan Schaeffer, U.S. West Street, Apt. No.; or PO Box No. 615 3rd Ave SW City, State, ZIP+4 See R'..ter'80 for Instructions.v U.S. Postal ServiceTM CERTIFIED MAILTh, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www:usps.conto 11 (f;74 12? Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Sent To Street, Apt. No.; or PO Box No. City, State, ZtP+4 Postmark Here CHIEF EXEC OFFICER BLACK HILLS ENERGY 1015 CEDAR CROSS RD DUBUQUE IA 52003 ENDER: COMPLETE. TI -IIS SECTION ® Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse sothat we can return the card to you. a Attach this card to the back of the mailpiece, oto(the front if space permits. COMPLETE THIS SECTION ON DELIVERY de Addressed to: MAO VALLEY 1:' _ ELECtI • P O BOX 370 109 N. HUBER ANAMOSA IA 52205. Agent Addressee C Dafe of Delivey (We a).Mule 1 —\ D. Is deliver address different from item 1? ❑ Yes If YES, enter delivery address below: El No B. Received by'(Prin ed Name) krti, '44it+ sk'ciid +a41...a.;FA dv ea,.*.s r. -COMPLETE THIS SECTIONoArpstFVERV . al 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: 3. Service Type XI Certified Mail 0 Express Mall 0 Registered -SI Retum Receipt for Merchandise 0 Insured Mail - '.0 C.O.D. rioted Delivery? (Extra Fee) 0 Yes DENISE DOLAN DUBUQUE CO AUDITOR 720 CENTRAL AVE DUBUQUE IA 52001 A. Sign n,r�S f/t2' X B. Received by (Printed Name) 0 Agent i] Addressc C. Date of Deliver D. Is delivery address different from item 1? If YES, enter delivery address below: Pvr'3®K • 0-0/ 3. Service Type la3 Certified Mail® 0 Priority Mail Express' 0 Registered ta Return Receipt for Merohandis ❑ Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7013 2250 0001 7409 8025 (Transfer from service label) - - a. Article Number -" - — - -- ----- (Tansferfromservfcelabeq 7013 2250 0001 7409 8018 PS Form 3811, February 2004 Domestic Return Receipt pe,RtecMPLET mis SECTION e Complete items 1, 2, and 3. Also complete • item 4 if Restricted Delivery is desired. 5 Print your name and address on the reverse so that we can return the card to you. R 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 102595-02-M-1549'3 Form 3811, July 2013 COMPLETE.THIS"SECTION ON DELIVERY A,, Signature X r\�l B. Received by (Printed Na ❑ Agent SENDER: COMPLETE THIS SECTION ❑ Addressee ®- Complete items 1., 2; and 3. Also complete C. Date of Delivery 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: T'Jbr.lfUe ^o, %oart- of Su-terviso .i.:uque Co. Court EousCC 723 central Ave - ,r,1 Dubuque t3, Domestic Return Receipt D. is delivery address different from item 1? if YES, enter delivery address below: 0 Yes jNo 3. Service Type t1 Certified Mail° ❑ Registered 0 Insured Mail 0 Priority Mail Express' ET Retuan Receipt for Merchandise ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) PS Form 3811, July 2013 7006 0810 0000 3233 6346 III 2. Article Number (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt COMPLETE THIS SECTION ON DELIVERY A. Signature n- X 0 Agent 0 Addresser Date of ! eliven 0 Is delivery address different from ite 1? If YES, enter delivery address below: Aid x- 5—c1/43/ c4u.Ata �A 3. Service Type Q Certified Mail 0 Registered 0 Insured Mail Restricted Delivery? (Extra Fee) es El No ®® I 0 Express Mail [t Return Receipt for Merchandi ❑ C.O.D. 7 013 2250 0001 7409 7998 Domestic Return Receipt 0 Yes 102595-02-M- ENDER dCoi :Cxstrt:._ SI 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. El Attach this card to the back of the mailpiece, or on the front. if space permits. 1. Article Addressed to: /ENGINEERING DEPT MCI 500 2ND AVE S E CEDAR RAPIDS IA 52401 00MPIOE: 7HISSECTION'O jDELIVERY A. Signature X j l B. Received by (Printed Nam‘) ❑ Agent ❑ Addressee C. Date of Delivery ENDER: COMPLETE THIS SECTION f Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. 1 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. D. is delivery address different from item 1? 0 Yes If YES, enter delivery address below: ?® No 1. Article Addressed to: The Honorable „z:lyor a City Cou City of \sbury 5080 Asbury Rd Dubuque IA 52002 3. Service Type *Certified Mail® ❑ Priority Mail Express' 0 Registered ,Return Receipt for Merchandise ❑ insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7013 2250 0001 7409 8001 COMPLETE THIS SECTION ON DELIVERY A. Sic ture x j' eceived by (P n d Name) D. 'Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 12 No Agent ❑ Addresse C. Date gfpeliver 11 3. Service Type O Certified Mail ❑ Registered ❑ Insured Mail 0 Express Mail �] Retum Receipt for Merchandis 11 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) PS Form 3811, July 2013 Domestic Return Receipt ENDER: COMPLETE THIS SECTION Complete items 1,2; and 3. Also complete item 4 if Restricted Delivery is desired. A 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: Jan Schaeffer U.S. W;st 615 3rd Ave S!'! Cedar Rapids IA 52401 COMPLETE THIS SECTION ON DELIVERY B. Received by (Printed Name) 7013 2250 0001 .,7409 • 7981 r?S Form 3841, February 2004 Domestic Retum Receipt 102595-02-M-15 •f SENDER''COMPLETE THIS'SECTION• ;? 0 Agent 1 Addressee C. Date of Delivery D, Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: No ▪ Corrfplete.,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. I2 Attach this card to the back of the mailpiece, or on the front if space permits. 3. Service Type :CI Certified Mail ❑ Registered ❑ Insured Mail 0 Express Mail El Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7013 2250 0001 7409 8056 PS Form 3811, February 2004 Domestic Return Receipt 1. Article Addressed to: CHIEF EXEC OFFICER ALLIANT ENERGY 1000 MAIN ST DUBUQUE IA 52001 A. Signature y,7� 0 Agent X ..,-"-Z17...._././ ? .---� �� ❑ Address B. Red by (Printed Al �.e)y^ /%. Date of DelivE z— 1 s� - -er�4 /__ D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: V. No I 3. Service Type Certified Maile 0 Priority Mail Express' ❑ Registered g1 Return Receipt for Merchandi ❑ Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7006 0810 0000 3233 6360 (Transfer from service labs 102595-02-W1540 PS Form 3811, July 2013 Domestic Return Receipt 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. III Attach this card to the back of the mailpiece, or on the front if space permits. A. SignatQire— 1. Article Addressed to: GENERAL MANAGER MEDIACOM 3033 ASBURY RD DUBUQUE IA 52001 Z. Article Number (Transfer from service label) ❑ Agent ❑ Addressee C. Date of Delivery C — 2✓J D.11s delivery address different from item 1? 0 Yes If YES, enter delivery address below: No 3. Service Type .24 -Certified Mail ❑ Registered ❑ Insured Mall ❑ Express Mail ${,Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7013 2250 0001 7409 8032 DS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540 Masterpiece on the Mississippi Planning Services Department City Hall . 50. West 13thStreef,, Dubuque, Iowa 52001-4864 • i reg i•„ -f I• _ 7013 2250--f001._.7409 8049 MARY CHRIS LOTSP`ICH QWEST 3908 UTICA P'r'r2 BETTENDOF NIXIE w.�e..m....r*, � w��'t} U.S.POSTAGE>> PIT ;-:EY SONES -.��� '.,`nor:/ $r_mrr-.'o�•�AR�`_ ZitP r52D3 $ 006.95 � 000132'0x62SE."P 1 i. 2015 513 DE _ 30.1.e./0211.5 RETURN 70 SENDER 1.1 NCL AIMED UNABLE TO F O R W A R D SC: 52BcD:143E499 -*0:795-55_2,—Z52 1 1 1.11...3.;1 THE CITY OF DUB Masterpiece on the Mississippi Dubuque NIAmedeaCny '111' 2007• 2012 .2013 VIA CERTIFIED MAIL Affected Public Utilities RE: Notice of Voluntary Annexation Planning Services Department City Hall - 50 West 13th Street Dubuque, IA 52001-4805 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org September 11, 2015 Dear Utility Representatives: This notice is provided for your information in accordance with Iowa Code. The City of Dubuque, Iowa has received a voluntary annexation request by Martin J. and Linda C. Bahl, and Terrance G. Bahl, property owners, for the voluntary annexation of 1.30 acres of property generally located from Asbury Road north to Forest Hills Subdivision in the City of Asbury, Iowa. _ The property will be severed concurrently from the City of Asbury when annexed to the City of Dubuque. The legal description of the proposed annexation territory is: Lot 2 of the West Half of the Northwest Quarter of Section 19, Township 89 North, Range 2 East, in the City of Asbury, Iowa, including to the centerline of adjoining public right-of-way. Enclosed for your information are copies of the notice of the October 5, 2015 City Council public hearing, the voluntary annexation application, a map of the annexation territory a vicinity map showing the relationship of the territory to the city limits of Dubuque. The Dubuque County Auditor's Office has verified the legal description in accordance with Iowa Administrative Code. Please feel free to contact me with any questions about this voluntary annexation. Sincerely, Laura Carstens Planning Services Manager Enclosures Service People Integrity Responsibility Innovation THE CITY OF DUB Masterpiece on the Mississippi VIA CERTIFIED MAIL Dubuque itatitid MAm ticaCitY 11, 2007 • 2012 •2013 The Honorable Mayor and City Council City of Asbury 5080 Asbury Road Asbury, IA 52002-2522 Planning Services Department City Hall - 50 West 13th Street Dubuque, IA 52001-4805 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubugne.org September 11, 2015 RE: Notice of Voluntary Annexation Dear Mayor and City Council Members: This notice is provided for your information in accordance with Iowa Code. The City of Dubuque, Iowa has received a voluntary annexation request by Martin J. and Linda C. Bahl, and Terrance G. Bahl, property owners, for the voluntary annexation of 1.30 acres of property generally located from Asbury Road north to Forest Hills Subdivision in the City of Asbury, Iowa. The property will be severed concurrently from the City of Asbury when annexed to the City of Dubuque. The legal description of the proposed annexation territory is: Lot 2 of the West Half of the Northwest Quarter of Section 19, Township 89 North, Range 2 East, in the City of Asbury, Iowa, including to the centerline of adjoining public right-of-way. Enclosed for your information are copies of the notice of the October 5, 2015 City Council public hearing, the voluntary annexation application, a map of the annexation territory a vicinity map showing the relationship of the territory to the city limits of Dubuque. The Dubuque County Auditor's Office has verified the legal description in accordance with Iowa Administrative Code. Please feel free to contact me with any questions about this voluntary annexation. Sincerely, Laura Carstens Planning Services Manager Enclosures Service People Integrity Responsibility Innovation Dubuque� � THE CITY OF � AJt ndoCity DiitQtE Masterpiece on the Mississippi 2007'2612 013 VIA CERTIFIED MAIL Dubuque County Board of Supervisors Dubuque County Courthouse 720 Central Avenue Dubuque, IA 52001 RE: Notice of Voluntary Annexation Dear Board Members: Planning Services Department City Hall - 50 West 13th Street Dubuque, IA 52001-4805 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD 3}�larming@ciiyofdubuque. org September 11, 2015 This notice is provided for your information in accordance with Iowa Code. The City of Dubuque, Iowa has received a voluntary annexation request by Martin J. and Linda C. Bahl, and Terrance G. Bahl, property owners, for the voluntary annexation of 1.30 acres of property generally located from Asbury Road north to Forest Hills Subdivision in the City of Asbury, Iowa. The property will be severed concurrently frorn the City of Asbtry when annexed to the City of Dubuque. The legal description of the proposed annexation territory is: Lot 2 of the West Halfof the Northwest Quarter of Section 19, Township 89 North, Range 2 East, in the City of Asbury, Iowa, including to the centerline of adjoining public right-of-way. Enclosed for your information are copies of the notice of the October 5, 2015 City Council public hearing, the voluntary annexation application, a map of the annexation. territory a vicinity map showing the relationship of the territory to the city limits of Dubuque. The Dubuque County Auditor's Office has verified the legal description in accordance with Iowa Administrative Code. Please feel free to contact me with any questions about this voluntary annexation. Sincerely, 0\00 - Laura Carstens Planning Services Manager Enclosures cc: Denise Dolan, Dubuque County Auditor Service People Integrity Responsibility Innovation THE CITTYT0 V Masterpiece on the Mississippi VIA CERTIFIED MAIL Dubuque WfAnretlnaCifl ' 1111 2107. 2012 •20u Kelley Deutmeyer, Executive Director East Central Intergovernmental Association 7600 Commerce Park Dubuque IA 52002 RE: Notice of Voluntary Annexation Planning Services Department City Hall - 50 West 13s! street Dubuque, IA 52001-4805 (563) 589-4210 phone (563) 5894221 fax (563) 690-6678 TDD planning@cityofdubueue.org September 11, 2015 Dear Ms. Deutmeyer: This notice is provided for your information in accordance with Iowa Code. The City of Dubuque, Iowa has received a voluntary annexation request by Martin J. and Linda C. Bahl, and Terrance G. Bahl, property owners, for the voluntary annexation of 1.30 acres of property generally located from Asbury Road north to Forest Hills Subdivision in the City of Asbury, Iowa. The property will be severed concurrently from the City of Asbury when annexed to the City of Dubuque. The legal description of the proposed annexation territory is: Lot 2 of the West Half of the Northwest Quarter of Section 19, Township 89 North, Range 2 East, in the City of Asbury, Iowa, including to the centerline of adjoining public right-of-way. Enclosed for your information are copies of the notice of the October 5, 2015 City Council public hearing, the voluntary annexation application, a map of the annexation territory a vicinity map showing the relationship of the territory to the city limits of Dubuque. The Dubuque County Auditor's Office has verified the legal description in accordance with Iowa Administrative Code. Please feel free to contact me with any questions about this voluntary annexation. Sincerely, LL ) C e L40 Laura Carstens Planning Services Manager Enclosures Service People Peo lIntegrity Responsibility Innovatiot CITY OF DUBUQUE, IOWA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of Dubuque, Iowa will hold a public hearing on a voluntary annexation request by Martin J. and Linda C. Bahl, and Terrance G. Bahl, property owners, for the voluntary annexation of 1.30 acres of property generally located from Asbury Road north to Forest Hills Subdivision in the City of Asbury, Iowa. The property will be severed concurrently from the City of Asbury when annexed to the City of Dubuque. The public hearing will be held: DATE: Monday, October 5, 2015 TIME: 6:30 p.m. PLACE: City Council Chamber, Historic Federal Building 350 W. 6th Street, Dubuque, Iowa The legal description of the proposed annexation territory is: Lot 2 of the West Half of the Northwest Quarter of Section 19, Township 89 North, Range 2 East, in the City of Asbury, Iowa, including to the centerline of adjoining public right-of-way. At the public hearing, all interested parties may present oral and written comments regarding the proposal. Copies of supporting documents for the public hearing are on file in the City Clerk's Office and may be viewed during normal working hours. 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. 1t 09/11 The Honorable Mayor & City Council Members City of Dubuque 50 W. 13th Street Dubuque, IA 52001 CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT SUBJECT: ANNEXATION REQUEST — LOT 2 W' NW — SEC T89N R2E Dear Mayor & City Council Members: We, Martin J Bahl, Linda C Bahl and Terrence G Bahl, owners of property along Asbury Road, legally described as LOT 2 W % NW — SEC 19 T89N R2E in Dubuque County, request annexation of this property into the City of Dubuque, Iowa. This parcel is shown on the attached map as Parcel 1019101002. Sincerely, yr l Date Martin J Bahl ac'e_ Lydif R.- )3 Linda C Bahl Date Terrence G Bahl Date EXHIBIT A LEGAL DESCRIPTION AND MAP OF ANNEXATION LOT 2W1/2NW- SEC 19T89NR2€ in Dubuque County, Iowa PARCEL 1019101002 LOCATION MAP__A City of Asbury Legend I! BAHL PROPERTY TO BE ANNEXED DUBUQUE CITY LIMITS Subject Are Ai w A -17h 416616 xanesv 4 DUBUQUE 58 421 1 71813Forest,HillsS.ubdiVi-Sion;etsb.ury) *15 61 81_ _•130(—S-110.1 • 9.87 --liogr 22 61 6 Aunesv • • • • DUBUQUE BAHL PROPERTY 7615 ASBQRy-REL. r c rn 7615 LU CY Fr.- 21 7,10460t BAHL PROPERTY LOCATION MAP ASBURY 2417 2409 401 •-•--to • 2378 7405 ' 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) . • 2371r: 11, Cc2r3 23f - -131 236%1. 371 237t '867 24 5753.. 2363i, I ---E it: 2'61 - 23 ! 235D 1,-. :1" .0 1- • . Ir --7 f1.2-31- • ::-, --.. ID • = •• r-----:,--..4-- ---14 • --I C 4113. --IN. 2 41 0. • cr).411 I. 2340 I 234-11, . 1 6 .24 L.P—A2331:1:, r„. _ 214, 233.7 • I r501., _ ,i.--7- 751.i: _2_ :1 2323' - I 8026* ----- --'-.-t-=--'""-------_. -_--- 17 -01_C -g 7129. 6900 ;-- • --ma 2323 232 , ! -23.1 -2117 or 1 • • • Yr..".- 6W3-'// 5603 vs• . so, Dubuqe County Assessor. City of Dubuque AsSes-s& THE CITY OF DUB Masterpiece on the Mississippi Dubuque Emend Af AororICaCIN 'IIIl1 2007 • 2012 •2013 Planning Services Deparhnent City Hall - 50 West 130, Street Dubuque, IA 52001-4805 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@citvofdubuque.org $TATE OF IOWA OCT 3 0 201.5 CITY DEVELOPMENT BOARD. City Development Board Iowa Economic Development Authority 200 E. Grand Avenue Des Moines IA 50309 October 28, 2015 RE: Voluntary Annexation to the City of Dubuque, Iowa concurrent with Voluntary Severance from the City of Asbury, Iowa — inconsistencies Dear Board Members: The purpose of this letter is to address inconsistencies relative to the Bahl application for voluntary annexation to the City of Dubuque concurrent with severance from the City of Asbury. The City of Dubuque respectfully requests that the Board waive the 31 -day waiting period for this correspondence, for consideration at the November 12 Board meeting. The application is a request by Martin J. and Linda C. Bahl, and Terrance G. Bahl, property owners, for the voluntary annexation of 1.30 acres of property (Freiberger Lane right-of-way) generally located from Asbury Road north to Forest Hills Subdivision in the City of Asbury. The property will be severed concurrently from the City of Asbury when annexed to the City of Dubuque. Below is a discussion of the inconsistencies. 1. Legal description The legal description of the proposed annexation territory is: Lot 2 of the West Half of the Northwest Quarter of Section 19, Township 89 North, Range 2 East, in the City of Asbury, Iowa, including to the centerline of adjoining public right-of-way. The portion shown in bold text above is included in the Dubuque County Auditor's verification correspondence, in the City of Dubuque's certified notice to necessary parties, and in the City of Dubuque's publication in the local newspaper. The portion shown in bold text above is not included in City of Dubuque Resolution No. 308-15 Setting a Public Hearing on Application for Voluntary Annexation nor in Resolution No. 349-15 Approving an Application for Voluntary Annexation of Territory. Service People Integrity Responsibility Innovation Teamwork Both the City of Dubuque and the City of Asbury intended to maintain their corporate limits along the centerline of adjoining public right-of-way with the concurrent annexation and severance of the territory. The City of Dubuque respectfully requests that these inconsistencies be considered Scribner's errors. 2. Public right -of way The City of Dubuque's October 21, 2015 transmittal letter includes a statement that "the annexation territory does include a portion of County -owned road right-of-way." However, the abutting public right-of-way is not County -owned. The adjoining public right-of-way is Asbury Road. The enclosed Exhibit A shows the 1.30 -acre parcel to the centerline of the right-of-way abuts the Dubuque city limits. As shown on the enclosed map, Asbury Road (red line) is a major east -west arterial that traverses both cities. In some locations, Asbury Road lies within the Dubuque corporate limits (shown in blue), and is owned by the City of Dubuque. In some locations, Asbury Road lies within the Asbury corporate limits (shown in yellow), and is owned by the City of Asbury. The inset map shows the annexation territory in relation to the two cities. Asbury Road in the vicinity of the annexation territory is not owned by Dubuque County (shown as white area on the map). This distinction is made in City of Dubuque Resolution No. 308-15 Setting a Public Hearing on Application for Voluntary Annexation and Resolution No. 349-15 Approving an Application for Voluntary Annexation of Territory. Both Resolutions state that "the annexation territory does not abut Dubuque County right-of-way." The City of Dubuque respectfully requests that these inconsistencies be considered Scribner's errors. Thank you for your consideration of this request. If you have any questions regarding this information, please feel free to contact me at 563-589-4210 or via email at Icarsten(c�cityofd ubuque.org. Sincerely, Laura Carstens Planning Services Manager Enclosures cc: Michael C. Van Milligen, City Manager Barry A. Lindahl, City Attorney Kevin S. Firnstahl, City Clerk Matt Rasmussen, Administrator, City Development Board • • • //� INISMINES EXHIBIT A LEGAL DESCRIPTION AND MAP OF ANNEXATION LOT 2 W 1/2 N - SEC 19 II 89N R2E In Dubuque County, Iowa PARCEL 1019101002 • ii ASBURYRQADT—T. Legend BAHL PROPERTY TO BE ANNEXED rEn DUBUQUE CITY LIMITS 'il: L r l SEE INSET MAP 17=-77=='—'7.` a gsb4 ROad. ::W,II/jIH111Y{If1is INSET-MAPthib on 11 I MEN 1 0 d 0 0. Area to.be Annexed (Frieberger Lane ROW) 0 0 0 Pennsylvania Road —= —_- —=— DUBUQUE PAUL D. PATE SECRETARY OF STATE 2/15/2016 Kevin Firnstahl Dubuque City Clerk 50 W 13th St. Dubuque, IA 52001 Re: Resolution No.349-15 Dear Mr. Firnstahl, OF �r y�a 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 voluntary annexation of territory to the City of Dubuque which was approved by the city on October 5, 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 carol.olson@sos.iowa.gov Cc: Annexations, Iowa Department of Transportation Matt Rasmussen, City Development Board Administrator Co/ms Phone 515-281-5204 Fax 515-242-5953 sos.iowa.gov sos@sos.iowa.gov C" 70 R ; M cry 0 M CD ..a 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 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 carol. o lson@sos. iowa. gov Cc: Annexations, Iowa Department of Transportation Matt Rasmussen, City Development Board Administrator Co/ms Phone 515-281-5204 Fax 515-242-5953 sos.iowa.gov sos@soslowa,gov a) M Co M 17-- rD 0 FrI C) Cta, C-) 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 carol. o lson@sos. iowa. gov Cc: Annexations, Iowa Department of Transportation Matt Rasmussen, City Development Board Administrator Co/ms Phone 515-281-5204 Fax 515-242-5953 sos.iowa.gov sos@soslowa,gov IOWA ECONOMIC EVELOPMENT AUTHORITY 200 East Grand Avenue I Des Moines, Iowa 50309 USA I Phone: 515.725.3000 iowaeconomicdevelopment.com February 16, 2016 The Honorable Paul Pate Iowa Secretary of State Iowa State Capitol Building Des Moines, Iowa 50319 RECEIVED Eccr'' FEB 17 Ati !B: 45 ity Clerk's Office Dubuque, IA RE: S/UA15-22 Dubuque Findings of Fact & Conclusion of Law Dear Secretary Pate: Pursuant to the requirements of Subsection 368.7 and 368.20 Iowa Code, the City Development Board hereby files with you the documents necessary to complete the severance from Asbury and annexation to the City of Dubuque's boundary change (Resolution Number 349-15). Enclosed please find copies of the following documents to be officially recorded. (1) The Petition from Dubuque and all amendments thereto; (2) The Ruling of the City Development Board; and (3) Other important related documents. If you have any questions or wish further clarification, please feel free to contact me at (515) 725-3126. Sincore Matt Rasmussen City Development Board Administrator MR:blh cc: Honorable Tom Miller, Attorney General Joe abrielson, Department of Revenue and Finance vin S. Firnstahl, Dubuque City Clerk, 50 West 13th St, Dubuque, IA 52001-4805 / without enclosure Governor Terry E. Branstad I Lt. Governor Kim Reynolds I Director Debi V. Durham IOWA ECONOMIC DEVELOPMENT AUTHORITY 200 East Grand Avenue 1 Des Moines, Iowa 50309 USA 1 Phone: 515.725.3000 iowaeconomucdevelopment.com 16 FEB i 7. AM IB: E+5 - City Cterk s Cftice DU que, 14, February 16, 2016 John Murphy Dubuque County Recorder 720 Central Avenue P.O. Box 5001 Dubuque, IA 52004-5001 RE: S/UA15-22 Dubuque Findings of Fact & Conclusion of Law Dear Mr. Murphy:. Pursuant to Sections 368.7 and 368.20 Iowa Code, the City Development Board is required to file with the recorder of each county which contains a portion of any city or territory involved in a municipal boundary change, copies of the map and city resolution approving such boundary change, and any other material deemed by the Board to be of primary importance to the boundary change proceedings. Enclosed are the original documents of the City Development Board action to be officially recorded to complete the severance from Asbury and annexation to the City of Dubuque, Iowa. The enclosed documents should be recorded as one instrument. Some of the documents included in this instrument may be copies of action taken by the City of Asbury and the City of Dubuque. Please return the original filed instrument to: Iowa Economic Development Authority City Development Board, Attention: Matt Rasmussen 200 East Grand Avenue, Des Moines, Iowa 50309. Please forward the billinstatement for recordin to the Dubuue Cit Clerk. If you have any questions or wish further clarification, please feel free to contact me at (515) 725-3126. Sincer' Matt asmussen City Development Board Administrator cc: Dubuque County Auditor buque City Clerk without enclosure MR:blh Governor Terry E. Branstad 1 Lt. Governor Kim Reynolds 1 Director Debi V. Durham RECEIVED FEB16 22 PH City clerkfs Office Dubuque,, A Doc ID: 008389030050 Type: GEN Kind: ANNEXATION Recorded: 02/17/2016 at 11:28:46 AM Fee Amt: $262.00 Page 1 of 50 Dubuque county Iowa John Murphy Recorder File2016-00001697 Documents to be recorded to complete severance from the City of Asbury and annexation of territory to the City of Dubuque. City Development Case Number S/UA15-22. Preparer: Matt Rasmussen City Development Board Administrator 200 East Grand Avenue Des Moines, IA 50309 Phone: 515-725-3126 Return Recorded Copies to: Iowa Economic Development Authority City Development Board Attention: Matt Rasmussen 200 East Grand Avenue Des Moines, Iowa 50309 The City of Dubuque and the City Development Board (Grantor) are granting the right of annexation into the City of Dubuque to Martin J. Bahl, Linda C. Bahl, and Terrance G. Bahl (Grantees). Legal description of. affected .territory .may be found on page 6 of the Findings of Fact and Conclusion of Law and Determination with Appendix A as the title.