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
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cD
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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 �
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" 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
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(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
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CHIEF EXEC OFFICER
ALLIANT ENERGY
1000 MAIN ST
DUBUQUE IA 52001
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U.S. Postal Service,.
CERTIFIED MAiLTM RECEIPT
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(Endorsement Required)
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Total Postage & Fees
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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
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(Domestic Mail Only; No insurance Coverage Provided)
for delivery information visit our website `atwww.usps com®%
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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)
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U.S. Postal Service,,,
CERTIFIED MAiLTM RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
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Total Postage & Fees
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DENISE DOLAN
DUBUQUE CO AUDITOR
720 CENTRAL AVE
DUBUQUE IA 52001
PS Form 3800, August 2006
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U.S OS aL Servicerr.;
CERTIFIED MAiLTM RECEIPT
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Total Postage & Fees
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or PO Box No.
Postmark
Here
AT&T CORPORATION
ATTN: VICKI DAVIS
3001 COBB PKWY RM 162
ATLANTA GA 30339
City, State, ZiP+4
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Postage
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Restricted Delivery Fee
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Total Postage & Fees
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MAQ VALLEY RURAL ELEC
P 0 BOX 370
109 N HUBER
ANAMOSA IA 52205-0370
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U.S. Postal Service,. •
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ENGINEERING DEPT
MCI
500 2ND AVE S E
CEDAR RAPIDS IA 52401 ........
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(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
. Total Postage & Fees
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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
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U.S. Postal Service rra
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(Domestic Mall Only; No Insurance Coverage Provided)
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Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
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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
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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,
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COMPLETE THIS SECTION ON DELIVERY
de Addressed to:
MAO VALLEY 1:'
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109 N. HUBER
ANAMOSA IA 52205.
Agent
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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
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Pvr'3®K • 0-0/
3. Service Type
la3 Certified Mail® 0 Priority Mail Express'
0 Registered ta Return Receipt for Merohandis
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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.
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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
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Dubuque t3,
Domestic Return Receipt
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if YES, enter delivery address below:
0 Yes
jNo
3. Service Type
t1 Certified Mail°
❑ Registered
0 Insured Mail
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ET Retuan Receipt for Merchandise
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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
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3. Service Type
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7 013 2250 0001 7409 7998
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0 Yes
102595-02-M-
ENDER dCoi
:Cxstrt:._
SI Complete items 1, 2, and 3. Also complete
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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
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❑ Agent
❑ Addressee
C. Date of Delivery
ENDER: COMPLETE THIS SECTION
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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
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D. 'Is delivery address different from item 1? 0 Yes
If YES, enter delivery address below: 12 No
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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
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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...._././
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B. Red by (Printed Al �.e)y^ /%. Date of DelivE
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If YES, enter delivery address below: V. No
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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
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7013 2250--f001._.7409 8049
MARY CHRIS LOTSP`ICH
QWEST
3908 UTICA P'r'r2
BETTENDOF
NIXIE
w.�e..m....r*,
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� 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
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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
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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
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BAHL PROPERTY TO BE ANNEXED
DUBUQUE CITY LIMITS
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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
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Dubuqe County Assessor. City of Dubuque AsSes-s&
THE CITY OF
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Dubuque
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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
•
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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
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ASBURYRQADT—T.
Legend
BAHL PROPERTY TO BE ANNEXED
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DUBUQUE CITY LIMITS
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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
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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
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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
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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.