ANNEXATION

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.

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. (1)

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." (2)

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. (3)

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. (4) Opposition also came from Key West residents. The total amount of land involved in the potential annexation was 6.5 square miles. (5)

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. (6) 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. (7)

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. (8)

                       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. (9)

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. (10)

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. (11) 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. (12)

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. (13)

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." (14)

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. (15)

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. (16) 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. (17)

While reaffirming its policy not to extend city services to areas outside the city, city officials 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. (18)

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. (19) 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. (20)

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. (21)

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." (22)

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. (23)

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. (24)

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?" (25)

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. (26)

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. (27)

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. (28)

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. (29)

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. (30)

Based upon the hearing in September and the results of the plebiscite, the vote 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. (31)

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 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. (32)

2006 study. Photo courtesy: Telegraph Herald

The annexation was challenged by the City of Asbury which challenged Dubuque's methods in obtaining property owner approval. In the fall of 2006 the Iowa Supreme Court overturned a lower court ruling, sided with Dubuque, and approved of the annexation. (33) Although some land owners opposed the change, state law did not allow "islands" of non-annexed property. (34) 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. (35) The annexation had been approved by 93% of the property owners. (36)

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 an where areas ranked to determine which appeared to be ore 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 area 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. (37)

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Source:

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

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

3. Ibid.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

20. McDougal

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

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

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

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

25. Ibid.

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

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

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

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

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

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

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

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

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

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

36. Kundert, p. 2A

37. Ibid.