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ANNEXATION: Difference between revisions

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In 1958 residents of Center Grove who vigorously opposed annexation formed the Center Grove Annexation Protest Committee. Their work led to rejection of the proposal in the November election with eight of the 16 city precincts, all in polling places north of 13th Street, voting "no." (3)
In 1958 residents of Center Grove who vigorously opposed annexation formed the Center Grove Annexation Protest Committee. Their work led to rejection of the proposal in the November election with eight of the 16 city precincts, all in polling places north of 13th Street, voting "no." (3)


A special meeting of the Dubuque City Council on February 29, 1960 was scheduled to decide whether to begin another annexation program for the area. The issue was raised when the council officially received a Chamber of Commerce Resolution pledging support for any annexation program calling it "necessary for proper long range planning for expansion and growth of the city." An important factor in annexation was whether to extend sewer and water lines outside the city limits. Requests for both had come to the council from people willing to pay for constructing the lines and who supported annexation. One such request had come from Hillcrest Builders, Inc. which planned a development along Pennsylvania Avenue. (4)
A special meeting of the Dubuque City Council on February 29, 1960 was scheduled to decide whether to begin another annexation program. The issue was raised when the council officially received a Chamber of Commerce Resolution pledging support for any annexation program calling it "necessary for proper long range planning for expansion and growth of the city." An important factor in annexation was whether to extend sewer and water lines outside the city limits. Requests for both had come to the council from people willing to pay for constructing the lines and who supported annexation. One such request had come from Hillcrest Builders, Inc. which planned a development along Pennsylvania Avenue. (4)


Supporters of annexation living in Center Grove formed the Center Grove Committee for Annexation prior to the February 29th meeting. It was the organization's plan to present to the Dubuque City Council a letter listing advantages of annexation. The organization was also attempting to counter a strongly worded leaflet opposing annexation. (5) Opposition also came from Key West residents. The total amount of land involved in the potential annexation was 6.5 square miles. (6)
Supporters of annexation living in Center Grove formed the Center Grove Committee for Annexation prior to the February 29th meeting. It was the organization's plan to present to the Dubuque City Council a letter listing advantages of annexation. The organization was also attempting to counter a strongly worded leaflet opposing annexation. (5) Opposition also came from Key West residents. The total amount of land involved in the potential annexation was 6.5 square miles. (6)
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In 1994 the city completed a development needs study that identified thirty-eight potential growth areas totaling 4,000 acres--within and beyond the city limits. In 1997 the City of Dubuque had 900 acres of industrial land prepared for development. Industrial growth was expected to attract 10,000 new residents to Dubuque in the next twenty years. These people needed places to live, shop and do business. Staff and consultants from the Planning Services Department were finalizing the results of a 20-month old annexation study which identified the principal areas of future residential and commercial development. Mayor [[DUGGAN, Terry|Terry DUGGAN]], however, made it clear that the city was not going to buy land to develop subdivisions and office buildings. Once the public sector was involved, he maintained, incentives for private development would be removed. City Planning officials indicated that the annexation study being finalized could be used to guide developers as to where growth would occur. (36)
In 1994 the city completed a development needs study that identified thirty-eight potential growth areas totaling 4,000 acres--within and beyond the city limits. In 1997 the City of Dubuque had 900 acres of industrial land prepared for development. Industrial growth was expected to attract 10,000 new residents to Dubuque in the next twenty years. These people needed places to live, shop and do business. Staff and consultants from the Planning Services Department were finalizing the results of a 20-month old annexation study which identified the principal areas of future residential and commercial development. Mayor [[DUGGAN, Terry|Terry DUGGAN]], however, made it clear that the city was not going to buy land to develop subdivisions and office buildings. Once the public sector was involved, he maintained, incentives for private development would be removed. City Planning officials indicated that the annexation study being finalized could be used to guide developers as to where growth would occur. (36)
Providing services to areas previously annexed was the topic of a Telegraph Herald article in 1996. Street and sewer services to areas annexed in the late 1970s had taken time--mainly due to the cost. City records indicated 161 homes would not have access to city sewers by the end of fiscal year 1997 and 58 were expected to get access by 2001. The city had done a much better job of providing fire and police protection and garbage collection. In 1979 the city was faced with paving many miles of gravel roads. In 1996 new subdivisions roads meet city development regulations for width, sidewalks, curbs and gutters. (37)
The City of Duhuque grew by nearly 600 acres on the evening of February 3, 1997. On that evening, the city council approved the annexation requests of Mason City, Iowa developer Wendell Corey for his Asbury Plaza development near the [[NORTHWEST ARTERIAL]] and Asbury Road. The council also approved the annexation of three parcels destined for development as [[INDUSTRIAL PARKS]]. These included 122 acres at Lake Eleavor Road and US 61/151, 210-acre Dubuque County Farm on Seippel Road, and 155 acres near Old Highway Road and Middle Road. (38)


[[Image:1970.png|left|thumb|450px|Middle Road study. Photo courtesy: Telegraph Herald]]In 1998 an annexation study reviewed fourteen areas. A voluntary annexation request for all or parts of a studied area could be made if owners of at least 80% of the property targeted for annexation would be needed.  
[[Image:1970.png|left|thumb|450px|Middle Road study. Photo courtesy: Telegraph Herald]]In 1998 an annexation study reviewed fourteen areas. A voluntary annexation request for all or parts of a studied area could be made if owners of at least 80% of the property targeted for annexation would be needed.  


In January, 1998 an estimated 20 people owning property along part of U. S. 20 received letters asking if they would like to be annexed into Dubuque. City staff recommended the council annex the land to connect the industrial park land and the Dubuque Metropolitan Sanitary Landfill with the city limits. Representatives of Yaggy-Colby Associates that completed the annexation analysis felt the city would receive a good response. (37) The prediction was correct. The annexation along Highway 20 occurred in March 1999 with the city council voting 7-0 to approve the action. Only several landowners comprising about 10% of the acreage annexed had been opposed. (38)
In January, 1998 an estimated 20 people owning property along part of U. S. 20 received letters asking if they would like to be annexed into Dubuque. City staff recommended the council annex the land to connect the industrial park land and the Dubuque Metropolitan Sanitary Landfill with the city limits. Representatives of Yaggy-Colby Associates that completed the annexation analysis felt the city would receive a good response. (39) The prediction was correct. The annexation along Highway 20 occurred in March 1999 with the city council voting 7-0 to approve the action. Only several landowners comprising about 10% of the acreage annexed had been opposed. (40)


A proposal to open three lots for residential development of nearly 50 single-family homes with ten acres set aside for apartment buildings was brought to the city council in February, 1999. The site was northwest of the intersection of Peru Road and Kennedy Court and north of the site the same developer received city permission in December 1998 to build a 121-acre mobile home park. A proposed roadway, Tanzanite Drive, would serve as a major collector between the [[NORTHWEST ARTERIAL]] and Peru Road. (39) The same month William and Janet Siegert, farmers and owners of 179 acres between the city limits and the landfill, agreed to allow their land to be annexed if, at the same time, it was zoned for commercial use. The part south of U. S. 20--152 acres--was three times the size of [[KENNEDY MALL]]. (40)
A proposal to open three lots for residential development of nearly 50 single-family homes with ten acres set aside for apartment buildings was brought to the city council in February, 1999. The site was northwest of the intersection of Peru Road and Kennedy Court and north of the site the same developer received city permission in December 1998 to build a 121-acre mobile home park. A proposed roadway, Tanzanite Drive, would serve as a major collector between the [[NORTHWEST ARTERIAL]] and Peru Road. (41) The same month William and Janet Siegert, farmers and owners of 179 acres between the city limits and the landfill, agreed to allow their land to be annexed if, at the same time, it was zoned for commercial use. The part south of U. S. 20--152 acres--was three times the size of [[KENNEDY MALL]]. (42)


In September, 1999, the City of Dubuque was unable to convince the City Development Board of the Iowa Department of Economic Development to annex 362 acres of land along Heacock Road. The land was annexed by Asbury despite the fact that it would need to provide pumps to provide sewer service when development occurred. Dubuque officials had cited evidence that at least ninety acres drained into Dubuque. (41)  
In September, 1999, the City of Dubuque was unable to convince the City Development Board of the Iowa Department of Economic Development to annex 362 acres of land along Heacock Road. The land was annexed by Asbury despite the fact that it would need to provide pumps to provide sewer service when development occurred. Dubuque officials had cited evidence that at least ninety acres drained into Dubuque. (43)  




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36. McDermott, Brad, "City Polishes Growth Plan," ''Telegraph Herald'', September 2, 1997, p. 1
36. McDermott, Brad, "City Polishes Growth Plan," ''Telegraph Herald'', September 2, 1997, p. 1


37. Wilkinson, Jennifer, "City to Ask 20 Property Owners to Volunteer for Annexation," ''Telegraph Herald'', January 27, 1998, p. 1
37. Sweeney, Kathleen, "Continuing Growth Challenges City to Provide Services," ''Telegraph Herald'', September 19, 1996, p. 1
 
38. McDermott, Brad, "City Council Approves Four Annexation Requests, ''Telegraph Herald'', February 4, 1997, p. 2
 
39. Wilkinson, Jennifer, "City to Ask 20 Property Owners to Volunteer for Annexation," ''Telegraph Herald'', January 27, 1998, p. 1


38. Pieters, Jeffrey, "City Will Expand by 1,063 Acres," ''Telegraph Herald'', March 16, 1999, p. 1
40. Pieters, Jeffrey, "City Will Expand by 1,063 Acres," ''Telegraph Herald'', March 16, 1999, p. 1


39. Pieters, Jeffrey, "Landowners Plan Residential Development," ''Telegraph Herald'', February 12, 1999, p. 25
41. Pieters, Jeffrey, "Landowners Plan Residential Development," ''Telegraph Herald'', February 12, 1999, p. 25


40. Poeters. Jeffrey, "Couple Agrees to Annexation Near [[SOUTHWEST ARTERIAL]]," ''Telegraph Herald'', February 18, 1999, p. 2
42. Poeters. Jeffrey, "Couple Agrees to Annexation Near [[SOUTHWEST ARTERIAL]]," ''Telegraph Herald'', February 18, 1999, p. 2


41. Berg, Renee, "State Board Approves Asbury Annexation," ''Telegraph Herald'', September 17, 1999, p. 1
43. Berg, Renee, "State Board Approves Asbury Annexation," ''Telegraph Herald'', September 17, 1999, p. 1





Revision as of 01:45, 12 October 2019

Being researched

Photo courtesy: Telegraph Herald

ANNEXATION. According to most scholars, the LOUISIANA PURCHASE was the largest and most important annexation of land by the United States since the formation of the original thirteen colonies. The region, purchased from France in 1803, was an ill-defined area including all of present-day Iowa and extending from Canada to the Gulf of Mexico. It included the present state of Arkansas; portions of Colorado, the Dakotas, Kansas, Missouri, and Montana; most of Minnesota; and portions of Wyoming. Worried that he exceeded his constitutional rights, President Thomas Jefferson justified the purchase on the grounds of military need.

Locally, the City of Dubuque has used annexation to acquire land needed for city growth since efforts at restoration and renovation of historic buildings did not provide sufficient space. Previous studies made in 1996 indicated that the city had grown an average of 150 acres per year. While population had grown, the increase was not as fast as the acquisition of land. This led to a peak population density of 4,620 people per square mile in 1940 to 2,402 in 1996. Due to divorce, an aging population, and a social trend toward larger lots a phenomenon called "urban sprawl" has been created. Dubuque city officials reject this categorization. City Planner Laura Carstens has stated, "The definition infers the growth is not planned." (1) The number of studies made of annexation and the steps needed to effectuate the process would support her claim that Dubuque does not fit the term.

In 1952, a tract of land containing 1,200 acres was added to the city limits by a court order of District Judge John George CHALMERS. According to City Manager Laverne SCHILTZ the annexation boosted the city's population by 2,200 people and helped the city grow in an orderly manner. The action also resulted in Dubuque County becoming qualified for the official designation by the U. S. Census Bureau as a "metropolitan area." The designation needed one city in the county having a population of at least 50,000.

The annexed area extended roughly from West 32nd (Millville Road) to Highway 20 and included Lennox Addition, Highland Park Subdivision, Park Hill area ad the surrounding territory. The only objection was raised by William and Ethel Jenni who claimed their property was too rough and not suitable for city lots. The city then excluded their property. The city was immediately prepared to provide police and fire protection and within days to propose a rubbish collection schedule. Water, sewage, and street repairs would be provided when the property owners petitioned for them. (2)

In 1958 residents of Center Grove who vigorously opposed annexation formed the Center Grove Annexation Protest Committee. Their work led to rejection of the proposal in the November election with eight of the 16 city precincts, all in polling places north of 13th Street, voting "no." (3)

A special meeting of the Dubuque City Council on February 29, 1960 was scheduled to decide whether to begin another annexation program. The issue was raised when the council officially received a Chamber of Commerce Resolution pledging support for any annexation program calling it "necessary for proper long range planning for expansion and growth of the city." An important factor in annexation was whether to extend sewer and water lines outside the city limits. Requests for both had come to the council from people willing to pay for constructing the lines and who supported annexation. One such request had come from Hillcrest Builders, Inc. which planned a development along Pennsylvania Avenue. (4)

Supporters of annexation living in Center Grove formed the Center Grove Committee for Annexation prior to the February 29th meeting. It was the organization's plan to present to the Dubuque City Council a letter listing advantages of annexation. The organization was also attempting to counter a strongly worded leaflet opposing annexation. (5) Opposition also came from Key West residents. The total amount of land involved in the potential annexation was 6.5 square miles. (6)

The City Council in April, 1960 adopted a "go-slow" approach to annexation. Considerations included the costs of extending sewer and water facilities and fire protection. Mayor Peter Joseph TAKOS suggested the annexation of a region between Highway 20 on the south and W. 32nd with the west line near the Village of Asbury. Other councilmen tended to support the idea--annexation to the west only. (7) In making his suggestion, Takos added:

                      It behooves us to re-evaluate our position in the state because
                      if a city doesn't show a substantial gain (in population), it
                      shows a stunting of the business and industry.
                      If the town's going to get off its cork, it's going to have to
                      reevaluation its position at present. The greatest reason for 
                      the position that we're in is because we haven't kept up with
                      the temp of industrial attraction of the other towns. (8)

A Supreme Court decision in 1961 offered local elected leaders encouragement. The court ruled unanimously on the validity of the Iowa annexation law. The decision rose from a case in Cedar Rapids where a group of property owners claimed the law was illegal because the Legislature that passed the law had not reapportioned itself. Mayor Takos used the decision to question those who automatically react negatively to the suggestion of annexation. (9)

                       If someone says he is dead against annexation, I would examine
                       his motives carefully because the experience of hundreds of
                       cities reveals the benefits of proper annexation--better planning,
                       more orderly development and a great savings to the tax-payer.

Annexation opponents were given a surprise boost when URBAN RENEWAL became a focus of city government. Annexation opponents declared "clean up your own backyard before you make it bigger." Planning Commissioner Raymond Bergquist remarked that urban renewal would show what "we intend to do in our yard." He remarked that annexation would aid in relocating families that would be displaced by clearance of sub-standard housing areas in the city. (10)

Faced with a broad plan for "community improvement," City Manager Gilbert D. CHAVENELLE suggested in April, 1961 that annexation be placed on hold until current studies were completed. A tentative election would be held in the fall. (11)

In November, 1961 a 60-acre tract of land northwest of the Old Timers-Asbury road intersection was added to the City of Dubuque. The annexation followed a petition filed by seven property owners. The parcel did not include the Mulgrew service station, Farm Bureau office, OLD TIMERS SUPPER CLUB and some residences on the west side of Old Timers Road, the city boundary. The area was intended as a subdivision. Although some properties bordering the road did not come into the city, the annexed area was joined to Dubuque by a 255 foot wide strip of Old Timers Road which remained a county road. (12) By 1969 the farm fields had been developed into a residential area with a commercial area that included KENNEDY MALL, the largest indoor shopping center in Iowa; two smaller shopping centers, several automobile dealerships, and a theater. When the area was annexed it had a tax base of $478,476. Five years later, the tax base was $1.6 million. (13)

In November, 1961 among the accomplishments of the council over the previous two years, Peter Takos pointed to over 230 acres of land being annexed to the city. (14)

There is no doubt of the feelings toward annexation by the editorial board of the Telegraph-Herald. In an editorial entitled "Let's Growl" the editors suggested that housing development, municipal service extensions, urban renewal, downtown renovations, parking expansion and possibly the most important--a dynamic annexation program--was within the range of accomplishment. The paper suggested Dubuque was slower than most Iowa cities to authorize extension of city limits to accommodate suburban growth. Among the excuses were our hilly terrain and the feeling the city should not encroach on those who chose to live on the outside of town. "Expansion generates civic enthusiasm and enterprise. A growing city naturally attracts new residents and industries." (15)

In August, 1964 a request for annexation by the DUBUQUE BIBLE CHURCH which was constructing a $45,000 church at Key Drive and Pennsylvania was referred to the Planning and Zoning Commission. (16)

On December 15, 1964, Dubuque voters overwhelmingly approved by an 8-1 majority the annexation of approximately three square miles to the city. The area extended west from the city limits just north of 32nd Street to about half a mile east of Asbury. It went south to Pennsylvania Avenue, east to the west edge of the Key Knolls subdivision, and then south to Highway 20, and again east. (17) On April 1, 1965, the City of Dubuque won its suit in Dubuque District Court to annex the area minus one small portion, less than half an acre. The city had contended is was not capable of extending services to that portion which contained a drive-in movie screen and land owned by the Key City Investment Company. (18) It did contend that it was possible to extend all other services and that the annexation was not started must to increase its tax revenues.

While reaffirming its policy not to extend city services to areas outside the city, city officials in July 1966 encouraged residents of the Garnet Street area to petition for annexation. The area was northeast of Central Avenue and north of the city limits. Because the area was not adjacent to the city it could not be added to the city without an election. (19)

Despite strong opposition, the city council in 1967 voted 3-2 to place a proposed annexation of Key West and Rockdale on the November 7, 1967 ballot. A week later, however, the vote was rescinded because the city staff had not referred it to the zoning commission which was the usual procedure. (20) The plan would have taken in six square miles of land. The idea began as a request from TABLE MOUND ELEMENTARY SCHOOL, one-half mile south of the city limits, for an extension of the city's sewer lines. City Manager Chavenelle responded by proposed to extend the sewers and the city boundary. City practice had been not to extend city services into non-annexed lands. The proposal was sent to the commission where it never came up for a vote and was forgotten. (21)

In 1969 voters clearly rejected annexation proposed by city officials by a vote of 10,919 to 5,354. Opponents had included officials of the JOHN DEERE DUBUQUE WORKS and the North Dubuque Annexation Protest Group. Officials of EXPAND and the city were discouraged that they had been unable to convince local taxpayers that annexation would provide tax relief. Officials had feared a substantial portion of the property owners were attempting to annex to Sageville, an incorporated by non-taxing municipality. EXPAND's campaign had centered on the annexation providing tax relief and the development of a rich suburb close to the financially challenged city. (22)

In October 1970 residents living south of Dubuque through their attorney attempted to begin legal action to fight proposed annexation. The issue was the ownership of Rockdale Road which the City of Dubuque wanted to annex in order to make an estimated 200 acres of land along the road contiguous to the city. Residents although not in the area to be annexed feared Rockdale Road would not be maintained and that the city would use the 200 acres as a way to then annex their property. The attorney was using as an argument that the residents had not given fee title to the county on which the road was built. "Fee title" meant giving of all rights to the land." (23)

The attorney failed in a weekend attempt to restrain the supervisors. In a unanimous decision, they approved the annexation. Acting on the supervisors' decision, the Dubuque City Council, on a 4-1 vote, approved the annexation of 193 acres south of the city. Efforts by the Dubuque Cheese Factory to be included in annexation were not approved, but City Manager Chavenelle believed its annexation would be approved as soon as needed paperwork was finished. (24)

Annexation led to a split vote by the Dubuque City Council in July, 1973 as it authorized the planning and zoning commission to petition the county for voluntary annexation of parts of three roads to the north of the city limits. The annexation would clear the way for a voluntary annexation of eleven acres--an action which had the support of the planning commission. To make the annexation of the property legal--contiguous to the city--the county had to permit the city to claim portions of Hogrefe and Burden avenues and Sheridan Road. The planning commission received permission to pursue that with the county by a 3-2 vote. (25)

The council, however, was split on the general question of annexation. Council Wayne MOLDENHAUER asked that the annexation be postponed until the planning commission presented an overall plan. Moldenhauer believed the city should follow the Gruen report which supported the city picking up small parcels of land in all directions rather than large tracts reaching into the county. Proponents of the opportunity presented claimed that the land would undoubtedly be part of any long-range annexation plan. Adding to the tax base of the city would present a stronger case for further "rounding" of the city boundaries. Mayor Joseph BITTER joined Walter A. PREGLER and Allan THOMS in authorizing the petition, but added his opinion that the city's annexation policy was little more than "getting every piece of property we can get." Councilman C. Robert JUSTMANN added,"How much longer are we going to continue this inexorable march westward?" (26)

In December, 1973 city officials announced they planned to take to the voters a plan to annex nearly seven square miles, 40% of the city's present size, at an election in the spring or summer of 1974. Key West and Rockdale to the south, the Cedar Cross Road area to the southwest, Stone Hill area and Highway 52 between 32nd Street and the South John Deere Road would be included. FLEXSTEEL INDUSTRIES, INC. would come in, but the John Deere Dubuque Works would not. This would be the first annexation vote since the rejection in 1969 and if approved would be the first successful involuntary proposition since 1,380 acres were added to the city in 1964. (27)

In 1974 city officials announced that while the city's population had grown moderately, its size, through annexation has grown by more than one-third. (28)

Pollution found in CATFISH CREEK was traced in 1975 to defective residential and business septic tanks. These were found mainly near Key West. The solution proposed on September 2, 1975 that the solution was "annex and hook up." The council agreed to let the residents seek voluntary annexation after which they could connect to the city sewers. The dominant view of the council was that the city did not wish to extend the sewer system to those not in the city. If voluntary annexation was refused, the property owners would have to suffer the consequences forced by county health standards. (29)

Kopper-Powers Ford in August, 1975 asked permission from the Dubuque City Council to hook into a city sanitary sewer so its sewage would not leak into Catfish Creek. Dave Powers representing the company said he was unaware of the leak before tests were done. The company would be willing to construct a new septic drainage field, but it might not correct the problem given the poor soil conditions. Under new rules, the city allowed rural properties to hook into city services if annexation was not possible, provided that the property owners paid 1.5 times the service rates charged to those in the city and agreed to be annexed when possible. Powers agreed to both requirements. (30)

Ensuring that future annexation plans proceed with as few problems as possible, the Dubuque Planning and Zoning Commission in September, 1975 agreed to consider a comprehensive plan for subdivisions lying outside the city but which may someday be annexed. The Commission approved the continued development in the Twin Ridge subdivision in Key West near Highway 61 south. Construction of streets in the subdivision would comply with Dubuque specifications for curb, gutter and drainage provisions. If a subdivision did not meet city standards and was annexed, property owners would be assessed part of the cost of bringing streets up to city standards. It was expected that the City Council and the Board of Supervisors would need to work together to make any policy work. (31)

In January, 1976 the type of problem addressed by the comprehensive plan arose for a subdivision of 171 townhouses in a $5.5 million development on Brunskill Road south of CENTER GROVE UNITED METHODIST CHURCH. The proposed subdivision would occupy 21 acres making it the largest townhouse subdivision of its time. City officials believed the developer should pay for the extension of a water main to the property. The CENTER GROVE sanitary sewer main which collected domestic waste from Dubuque's west side ran across the developer's property. The city, however felr the developer was not entitled to its use unless he agreed to voluntary annexation. The question of whether the city had jurisdiction over subdivision plans within two miles of its border's was also asked. The city believed it had the power, while the developer believed the supervisor's had the final authority. (32)

City plans to annex six-square mile area were presented at a hearing on September 16, 1976 at Five Flags Theater. The meeting turned out to be the longest on a public issue in Dubuque since a similar six hour meeting in 1967 when URBAN RENEWAL was discussed. Dubuque County Sanitarian David Kunkel reported finding 17 "malfunctioning" septic tanks in two of the annex areas--Rockdale-Manson Road and Crescent Ridge. Opponents used city budget meetings in the spring when police officials requested more policemen and statements from Deere and Company that payroll had leveled off locally with no major new hiring anticipated. (33)

Prior to a vote on the annexation, a Telegraph-Herald plebiscite found a majority of its participants opposed the annexation. Although not a scientific measurement of the entire city population, the results of 161 phone calls found 57.1% opposed the proposal, 35.4% favored annexation, and 7.5% offered opinions that could not be determined as either positive or negative. (34)

Based upon the hearing in September and the results of the plebiscite, the vote in 1976 on annexation came as a surprise. City voters approved the proposal by a 68.5% margin. City voters approved the measure by 76.1% Voters in the annexation area to the north, west and south of the city limits rejected the measure by 94.8%. Absentee voters were pro-annexation. The total vote was 7,641 to 3,474. As a result, the size of Dubuque was increased by one-third and the city population grew by 2,000. Property in the annexed area was valued for tax purposes at $18.9 million which as the then-current city rate would produce about $210,000 annually. Proponents of annexation included Citizens for Annexation, League of Women Voters, DUBUQUE AREA CHAMBER OF COMMERCE and the JAYCEES. (35)

In 1994 the city completed a development needs study that identified thirty-eight potential growth areas totaling 4,000 acres--within and beyond the city limits. In 1997 the City of Dubuque had 900 acres of industrial land prepared for development. Industrial growth was expected to attract 10,000 new residents to Dubuque in the next twenty years. These people needed places to live, shop and do business. Staff and consultants from the Planning Services Department were finalizing the results of a 20-month old annexation study which identified the principal areas of future residential and commercial development. Mayor Terry DUGGAN, however, made it clear that the city was not going to buy land to develop subdivisions and office buildings. Once the public sector was involved, he maintained, incentives for private development would be removed. City Planning officials indicated that the annexation study being finalized could be used to guide developers as to where growth would occur. (36)

Providing services to areas previously annexed was the topic of a Telegraph Herald article in 1996. Street and sewer services to areas annexed in the late 1970s had taken time--mainly due to the cost. City records indicated 161 homes would not have access to city sewers by the end of fiscal year 1997 and 58 were expected to get access by 2001. The city had done a much better job of providing fire and police protection and garbage collection. In 1979 the city was faced with paving many miles of gravel roads. In 1996 new subdivisions roads meet city development regulations for width, sidewalks, curbs and gutters. (37)

The City of Duhuque grew by nearly 600 acres on the evening of February 3, 1997. On that evening, the city council approved the annexation requests of Mason City, Iowa developer Wendell Corey for his Asbury Plaza development near the NORTHWEST ARTERIAL and Asbury Road. The council also approved the annexation of three parcels destined for development as INDUSTRIAL PARKS. These included 122 acres at Lake Eleavor Road and US 61/151, 210-acre Dubuque County Farm on Seippel Road, and 155 acres near Old Highway Road and Middle Road. (38)

Middle Road study. Photo courtesy: Telegraph Herald

In 1998 an annexation study reviewed fourteen areas. A voluntary annexation request for all or parts of a studied area could be made if owners of at least 80% of the property targeted for annexation would be needed.

In January, 1998 an estimated 20 people owning property along part of U. S. 20 received letters asking if they would like to be annexed into Dubuque. City staff recommended the council annex the land to connect the industrial park land and the Dubuque Metropolitan Sanitary Landfill with the city limits. Representatives of Yaggy-Colby Associates that completed the annexation analysis felt the city would receive a good response. (39) The prediction was correct. The annexation along Highway 20 occurred in March 1999 with the city council voting 7-0 to approve the action. Only several landowners comprising about 10% of the acreage annexed had been opposed. (40)

A proposal to open three lots for residential development of nearly 50 single-family homes with ten acres set aside for apartment buildings was brought to the city council in February, 1999. The site was northwest of the intersection of Peru Road and Kennedy Court and north of the site the same developer received city permission in December 1998 to build a 121-acre mobile home park. A proposed roadway, Tanzanite Drive, would serve as a major collector between the NORTHWEST ARTERIAL and Peru Road. (41) The same month William and Janet Siegert, farmers and owners of 179 acres between the city limits and the landfill, agreed to allow their land to be annexed if, at the same time, it was zoned for commercial use. The part south of U. S. 20--152 acres--was three times the size of KENNEDY MALL. (42)

In September, 1999, the City of Dubuque was unable to convince the City Development Board of the Iowa Department of Economic Development to annex 362 acres of land along Heacock Road. The land was annexed by Asbury despite the fact that it would need to provide pumps to provide sewer service when development occurred. Dubuque officials had cited evidence that at least ninety acres drained into Dubuque. (43)



In 2003 City Manager Michael VAN MILLIGEN suggested that the City of Dubuque could add at least $1 million to its valuation if it annexed 700 acres between Asbury's city limits and Middle, Seippel, Asbury, Chavenelle and Heacock Roads. In preparing for growth of its western border, Dubuque had constructed a $1.38 million water tank. (35)

2006 study. Photo courtesy: Telegraph Herald

The 2004 annexation was challenged by the City of Asbury which questioned Dubuque's methods in obtaining property owner approval. A Dubuque County District court in April, 2005 reversed the state's City Development Board decision that would have allowed the city to annex the land on the condition that "every reasonable effort" by made to allow Asbury several parcels of land. The district court agreed with Asbury that Dubuque officials had unfairly persuaded property owners by placing them in a position of ether agreeing to the annexation and receiving financial benefits or being denied the money by refusing to agree to annexation. (36)

In the fall of 2006 the Iowa Supreme Court overturned a lower court ruling, sided with Dubuque, and approved of the annexation. (37) Although some land owners opposed the change, state law did not allow "islands" of non-annexed property. (38) In addition, four-fifths of the members of the City Development Board, an entity within the Iowa Economic Development Growth Management division, was required to approve an 80/20 annexation. A 100% voluntary annexation only required a majority vote of the five-member board. (39) The annexation had been approved by 93% of the property owners. (40)

Under Iowa law, a city in 2004 could review plats for subdivisions within two miles of its boundaries. The Fringe Area Policy Agreement proposed in early April 2005 between the City of Dubuque and Dubuque County was designed to guide county and city officials on land development within the two-mile fringe around Dubuque and was intended to promote orderly growth and development. The agreement was written by the Joint City/County Planning Committee made up of City of Dubuque and Dubuque County officials. In April, 2004 the board of supervisors tabled the proposal for a second time. The reason given was to give Asbury and Sageville time to review the document. (41) On April 28, 2005 the Dubuque County Board of Supervisors unanimously rejected the proposed agreement. The supervisors stated that among their reasons was that small municipalities had no input into the writing of the document. (42)

In 2006 an annexation study, the first since 1998 was commissioned at a cost of $24,500 from Bob Veenstra, of Veenstra and Kinim, Inc. of West Des Moines. The study did not make actual recommendations. It looked at where areas ranked to determine which appeared to be more favorable or less favorable for consideration. The study involved 23,000 acres of land primarily south and west of the city limits. The study divided the land into 23 speculative areas and graded areas based on level of development, costs to provide city services and location. To the north, the study involved Barony Woods and Deer Valley subdivisions as well as an area bracketed by Peru and John Deere roads and south of the JOHN DEERE DUBUQUE WORKS. To the south and southwest, the study focused on four sections from Key West to Barrington Lakes and north of Oakland Farms Road. (43)

Dubuque's plan to annex about 640 acres west of Dubuque was unanimously approved by the City Development Board in December, 2008. The board also approved the joint motion filed by Dubuque and Asbury to allow Dubuque to delete the Sandwedge Subdivision property owners from the Dubuque annexation territory and allow them to be annexed to Asbury. (44)

The Dubuque City Council voted 7-0 to approve a pre-annexation agreement with TRUCK COUNTRY in September, 2013. The company would construct a temporary sanitary sewer lateral to the property paying 50% of the construction costs or $20,000, whichever is less. The company would also grant the city a permanent 50'x50' easement for a future lift station and petition the city manager to connect to Dubuque's water system. If the connection to the water system was approved by the council, the company would pay 1.5 times the normal rate for service. If the approval was denied, the company would wait to connect until the annexation was complete. (45) The approval of the 16 acre annexation came in January, 2014.

With the pending annexation in 2013 of the HILLCREST FAMILY SERVICES rehabilitation facility at 13034 Seippel Road, the DUBUQUE POLICE DEPARTMENT stood to inherit the calls handled by the county sheriff's office. Between July 2012 and June 2013 there were 266 calls to the facility with 35% for juvenile runaways and 12% for adult runaways. The facility was annexed to that it could add a sprinkler system to city water lines. (46)

Twin Ridge Subdivision. Photo courtesy: Telegraph Herald

Early in November, 2015 the City of Dubuque purchased for $1.3 million Twin Ridge Water Inc., the water and sewer provider for Twin Ridge subdivision in the anticipation of annexation. If enough residents did not agree to be annexed, they would be forced by city policy to pay 1.5 times the city's utility rate beginning in April, 2016 when the Twin Ridge system would be connected to Dubuque's. Concern about "bringing the roads up to city standards" mention in a Telegraph Herald article of the time did not take into account the previously mentioned plan of the developer to install roads meeting city standards. Residents then served by the Key West Department questioned whether the response time would diminish. Tax rates per $1,000 of taxable value would increase from $26.18 in county property taxes to $33.02 for the city. State law allowed the city to annex up to 20% of the subdivision without property owners' consent to develop more uniform boundaries and avoid creating "an island." With the purchase of Twin Ridge Water the city owned an estimated 35% of the subdivision's total acreage. City officials said in November that there was no timeline for annexing the subdivision. (47)

In the same month, the city council voted unanimously to approve a development agreement with Derby Grand LLC for the development of a 120-unit subdivision at the northwest corner of Kennedy and Derby Grange roads. The city was to provide a $241,500 tax rebate to the developer to cover costs of extending fiber-optic conduit throughout the subdivision in return for broadening the city's ax base. Increasing property tax collections created from rising property values would be side aside to construct a park, improve roads, extend city utilities and support affordable-housing programs throughout the city. The agreement anticipated the subdivision would be annexed into the city. (48) The issue, however, ended up being tabled. (49)

ALLIANT ENERGY CORPORATION proposed that the city annex 21 acres near the Dubuque Industrial Center West in 2016 to facilitate a lease for a new SOLAR ENERGY SITE. The council approved the request 7-0. The solar panels would be able to generate enough power for 560 homes. (50)

In November, 2016 the announcement was made that an arrangement to purchase Central Iowa Water Association (CIWA) was "close." Council members voted 6-1 to approve amendments to the city's housing tax districts along North Cascade Road and English Mill roads to allow the purchase of an existing water system in the area of Barrington Lakes which sold its water systen to CIWA in 2014; Vernon; and English Ridge subdivisions. The city and CIWA had argued since 2014 when Dubuque tried to expand its water infrastructure west of the city limits to supply English Mill Road residents and support development along the Southwest Arterial. CIWA claimed the city's project infringed on its service area. (51)

In 2017 Peosta City officials announced that they would be writing a letter to the Dubuque City Council. In the letter, Peosta officials hoped that since their city's growth and commercial plan had been approved first that Dubuque would respect it in its plans for annexation. Dubuque's future planning indicated a boundary within a half-mile of Peosta's current city limits. Peosta officials were also considering visits with landowners to see if they would commit to potential annexation. Neither Dubuque nor Peosta were considering involuntary annexation of any land. (52)

In March, 2019 council members voted 6-0 to rezone and then annex a 28.5-acre plot of agricultural land near the SOUTHWEST ARTERIAL. The parcel was north of the Eagle Ridge housing subdivision and west of English Mill Road. (53)

Photo courtesy: Telegraph Herald

In May 2019, the developer of 107 acres at the intersection of Elmwood and Silver Oaks drives east of U. S. 61 and 151 asked that the land be rezoned to residential and annexed into the city of Dubuque. The Silver Oaks Subdivision at the time of the request included 15 platted lots and the rest of the land undeveloped. Groundwork for further development was established in 2015 when city utilities were extended to the DUBUQUE REGIONAL AIRPORT. (54) The proposal was accepted on a vote of 7-0 in June, 2019.

Finding the approvals of voluntary annexation agreements of individual residents or developments is dependent upon study of council minutes.


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Source:

1. "By Leaps and Boundaries," Telegraph Herald, September 16, 1996, p. 1

2. "Annexation Given Final OK," Telegraph-Herald, February 8, 1952, p. 1

3. "Annexation, Jail Issue Out, Telegraph-Herald, November 5, 1958, p. 1

4. Ibid.

5. "Center Grove Group Forms for Annexation," Telegraph-Herald, February 29, 1960, p. 1

6. Shively, Neil, "Center Grove, Key West Groups Oppose Annexation," Telegraph-Herald, March 1, 1960 p. !

7. "City Delays Annexation Action Again," Telegraph-Herald, April 19, 1960, p. 3

8. "Our Population Gain," (editorial), Telegraph Herald, May 28, 1960, p. 6

9. Shively, Neil, "Mayor Asks Realistic Approach to Problem," Telegraph-Herald, March 12, 1961, p. 15

10. Shively, Niel, "Officials Agree on Dubuque Facelift," Telegraph-Herald, May 11, 1961, p. 1A

11. "Broad City Plan Told," Telegraph-Herald, April 17, 1961, p. 11

12. "City Annexes 60-Acre Tract," Telegraph-Herald, November 24, 1961, p. 1

13. McDougal, Tom, "Is Dubuque's Plan Small Potatoes," Telegraph-Herald, August 22, 1969, p. 3

14. 'Giant Strides' Made by City, Takos Claims," Telegraph-Herald, October 31, 1961, p. 2

15. "Let's Growl," Telegraph-Herald, January 2, 1962, p. 3

16. "Council Sets Hearing on West 32nd St. Sewer," Telegraph-Herald, August 4, 1964, p. 3

17. "Dubuque Annexation Wins 8-1 Majority," Telegraph-Herald, December 16, 1964, p. 1

18. "Dubuque Wins Annexing Suit," Telegraph-Herald, April 2, 1965, p. 1

19. "Dubuque Won't Extend Services Outside City," Telegraph-Herald, July 6, 1966, p. 13

20. McDougall, Tom, "Council Delays Annexation Vote," Telegraph-Herald, October 2, 1967, p. 11

21. McDougal

22. Bulkley, John, "Emphatic 'No' Given Proposal to Annex," Telegraph-Herald, October 7, 1969, p. 1

23. Bulkley, John, "Annexation Foes Plan Injunction," Telegraph-Herald, October 9, 1970, p. 1

24. "City Council OKs Rockdale Annexation," Telegraph-Herald, October 13, 1970, p. 6

25. "Divergent Views on Annexation Policy Aired," Telegraph-Herald, July 31, 1973, p. 7

26. Ibid.

27. Fyten, David, "Annexation Plan May Go to Voters Next Year," Telegraph-Herald, December 6, 1973, p. 10

28. Fyten, David, "City Job Slots Rise 75 Per Cent Since 1960," Telegraph-Herald, May 6, 1974, p. 1

29. Griffin, Suzanne, "Annexation is Council's Catfish Creek Solution," Telegraph-Herald, September 3, 1975, p. 27

30. Fyten, David, "Company to Ask to Hook Into City's Sewers," Telegraph-Herald, August 8, 1975, p. 2

31. Griffin, Suzanne,"Planning Unit to Consider Over-All Subdivision Plan," Telegraph-Herald, September 18, 1975, p. 4

32. Knee, Bill, "Border Subdivision Locks Horns with City on Zoning, Utilities," Telegraph Herald, January 18, 1976, p. 1

33. Bulkley, John, "Annex Plan Blasted in Marathon Hearing," Telegraph Herald, September 17, 1976, p. 3

34. "TH Plebiscite," Telegraph-Herald, December 26, 1976, p. 9

35. Bulkley, John, "Surprise: Annexation Plan Wins Big," Telegraph Herald, December 29, 1976, p. 9

36. McDermott, Brad, "City Polishes Growth Plan," Telegraph Herald, September 2, 1997, p. 1

37. Sweeney, Kathleen, "Continuing Growth Challenges City to Provide Services," Telegraph Herald, September 19, 1996, p. 1

38. McDermott, Brad, "City Council Approves Four Annexation Requests, Telegraph Herald, February 4, 1997, p. 2

39. Wilkinson, Jennifer, "City to Ask 20 Property Owners to Volunteer for Annexation," Telegraph Herald, January 27, 1998, p. 1

40. Pieters, Jeffrey, "City Will Expand by 1,063 Acres," Telegraph Herald, March 16, 1999, p. 1

41. Pieters, Jeffrey, "Landowners Plan Residential Development," Telegraph Herald, February 12, 1999, p. 25

42. Poeters. Jeffrey, "Couple Agrees to Annexation Near SOUTHWEST ARTERIAL," Telegraph Herald, February 18, 1999, p. 2

43. Berg, Renee, "State Board Approves Asbury Annexation," Telegraph Herald, September 17, 1999, p. 1



35. Coyle, Erin, "Official: Add Acres, Dollars," Telegraph Herald, August 25, 2003, p. 1A

36. Szeszycki, Emily, "Court Disallows Annexation," Telegraph Herald, April 28, 2005, p. 1

37. Bragg, Mary Rae,"Court OKs Annexation," Telegraph Herald, October 26, 2008, p. 1A

38. Kundert, Rob, "City of Dubuque Eyes Elbow Room," Telegraph Herald, December 13, 2006, p. 1A

39. "Peosta Passes on Annexation of Thunder Ridge," Telegraph Herald, July 22, 2015, p. 5

40. Kundert, p. 2A

41. Everly, John, "County Board Again Tables Fringe-Area Development Deal," Telegraph Herald, April 6, 2004, p. 4

42. Everly, John, "County Thwarts City Role in 'Fringe' Planning," Telegraph Herald, April 28, 2005, p. 1

43. Kundert

44. "Board Approves Annexation Plan," Telegraph Herald, December 23, 2008, p. 3

45. "Truck Company Pre-Annexation Agreement," Telegraph Herald, September 4, 2013, p. 3

46. Yager, Alicia, "Annexation Poses Law Enforcement Swap," Telegraph Herald, September 9, 2013, p. 1

47. Barton, Thomas J. "Twin Ridge Residents Feel Coerced into Annexation," Telegraph Herald, November 14, 2015, p. 5

48. "Dubuque City Council," Telegraph Herald, November 17, 2015, p. 3

49. Barton, Thomas J., "Del Toro: Slow Down on Zoning Change," Telegraph Herald, March 22, 2017, p. 3

50. "Dubuque City Council," Telegraph Herald, August 2, 2016, p. 3

51. Barton, Thomas J., "Dubuque Takes Steps to Acquire Neighboring Water System," Telegraph Herald, November 26, 2016, p. 1

52. Rezab, Matthew,"Peosta, Dubuque Eye Same Land," Telegraph Herald, August 26, 2017, p. 3

53. "Dubuque City Council," Telegraph Herald, March 19, 2019, p. 3

54. Fisher, Benjamin, "Developers Request Annexation," Telegraph Herald, May 16, 2019, p. 1