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West Side Voluntary AnnexationPrepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Jeanne Schneider, City Clerk Address: City Hall- 50 W. 13 St Telephone: 589-4121 RESOLUTION NO. 394-08 APPROVING APPLICATIONS FOR THE VOLUNTARY ANNEXATION OF CERTAIN TERRITORY IN DUBUQUE COUNTY, IOWA AND ADDITIONAL LAND WHOSE OWNERS HAVE NOT CONSENTED TO THE VOLUNTARY ANNEXATION OF SAID LAN D Whereas, the owners of property in Dubuque County, Iowa have submitted written requests for the voluntary annexation of approximately 621.35 acres by the City of Dubuque, Iowa; and Whereas, in order to avoid the creation of islands and/or to provide more uniform boundaries, it is necessary and in the public interest and required by Iowa law that approximately 22.22 acres of additional land whose owners have not consented to the voluntary annexation of said land be included as part of the annexation territory; and Whereas, the annexation territory includes approximately 2.80 acres of public right- of-way for adjoining private streets; and Whereas, the annexation territory includes approximately 9.85 acres of Dubuque County public right-of-way for Middle Road, an adjoining secondary road; and Whereas, Iowa Code Section 368.5 allows the inclusion of county right-of-way for adjoining secondary roads; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement; and Whereas, the annexation territory does not include any state or railroad property; and Resolution No. 394-08 Page 2 Whereas, Iowa Code Section 368.7(1) 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 Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque and will promote the efficient and cost effective extension of municipal services; 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: Section 1. That the applications of the various property owners for voluntary annexation of approximately 621.35 acres of territory lying outside ofthe corporate limits of the City of Dubuque, Iowa, as shown on Exhibits A and B and legally described in Exhibit C, are hereby approved for annexation to the City of Dubuque, Iowa. Section 2. That the approximately 22.22 acres of land within the annexation territory as described in Exhibit C and owned by various property owners who have not consented to the voluntary annexation of said territory to the City of Dubuque, Iowa, as shown on Exhibits A and B and legally described in Exhibit C, are hereby approved for annexation to the City of Dubuque, Iowa to avoid the creation of islands and/or to create more uniform boundaries. Section 3. That the approximately 2.80 acres of public rights-of-way to the centerline of adjoining private streets within the annexation territory that currently lie outside a city, as shown on Exhibits A and B and legally described in Exhibit C, are hereby approved for annexation to the City of Dubuque, Iowa. Section 4. That the approximately 9.85 acres of County-owned road right-of-way to the centerline of Middle Road, an adjoining secondary road within the annexation territory that currently lies outside a city, as shown on Exhibits A and B and legally described in Exhibit C, are hereby approved for annexation to the City of Dubuque, Iowa. Section 5. That, subject to the approval of the City Development Board, the corporate limits of the City of Dubuque, Iowa, be and they hereby are extended to include the approximately 656 acres of annexation territory, including rights-of-way, as shown on Exhibits A and B and legally described in Exhibits C and D. Section 6. That, subject to the approval of the City Development Board's approval of the annexation, the City Council of the City of Dubuque, Iowa, does hereby provide for Resolution No. 394-08 Page 3 the transition of the imposition of city taxes against all property within the annexation territory in accordance with the tax exemption schedule provided under Iowa Code section 4726.3, subsections 1 through 5, for the levy and collection of taxes as follows: 1. For the first and second years, seventy five percent (75%). 2. For the third and fourth years, sixty percent (60%). 3. For the fifth and sixth years, forty-five percent (45%). 4. For the seventh and eighth years, thirty percent (30%). 5. For the ninth and tenth years, fifteen percent (15%). Section 7. That the City Council of the City of Dubuque, Iowa, does hereby certify that the City of Dubuque has complied with the notice and hearing requirements of the Iowa Code, as amended, pertaining to voluntary annexation of territory with non-consenting property owners within an urbanized area of another city. Section 8. That if City Development Board approves this annexation, the territory hereby annexed shall become a part of the Fifth Precinct of the First Ward of the City of Dubuque, Iowa. Section 9. That the City Clerk shall file this resolution, all exhibits, and the application for voluntary annexation with the State of Iowa in accordance with the provisions of Chapter 368 of the Iowa Code. Passed, approved and adopted this 3rd day of November 2008. Roy D. I, Mayor Attest: ~~ eanne F. Schneider, City Clerk F:\users\Icarsten\wp\annex\2008 westsideannexation\resolution\westside annexation resolution-approve annexation.doc THE CTTY OF Dubuque D~~ E ~-~~ 1 1 Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: West Side Voluntary Annexation DATE: October 28, 2008 Planning Services Manager Laura Carstens recommends City Council approval of the annexation of the approximately 643-acre annexation territory (not including road right- of-way). As of September 9, 2008, the 17 property owners holding title to 97% of the 643-acre voluntary annexation territory had signed pre-annexation agreements and filed applications for voluntary annexation to the City of Dubuque. Ten property owners in Sandwedge Subdivision, an island between Asbury and Dubuque, and three property owners west of the City of Dubuque city limits and south of Middle Road (collectively owning 3% of the land in the annexation territory) did not sign pre-annexation agreements. They are included in the annexation territory as non-consenting owners in accordance with state law. The City of Dubuque has received written notice from the City of Asbury regarding voluntary annexation applications for properties in the Sandwedge Subdivision. The Asbury public hearing is scheduled for November 25, 2008. The City of Dubuque is on record that we will not object to the voluntary annexation of the Sandwedge Subdivision to Asbury; however, these properties must remain in Dubuque's annexation application as non-consenting owners to avoid the creation of an island until the Board makes a decision on the two competing annexation applications. If the Dubuque and Asbury applications for a voluntary annexation for this common territory are submitted to the Board within 30 days of each other, the Board likely will approve the Asbury application because it is a 100% voluntary annexation. If the City Council approves the west side annexation applications, the annexation applications will be filed with the City Development Board. The Board then will schedule a public hearing in Dubuque for all the affected property owners and the Dubuque County Board of Supervisors. The Board must approve the annexation applications by an affirmative vote of four of the five Board members. 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 Laura Carstens, Planning Services Manager THE CTTY OF Dubuque --•• DuB E ~~~ ~ - Masterpiece on the Mississippi 2007 TO: Michael Van Milligen, City Manager ,. FROM: Laura Carstens, Planning Services Manager SUBJECT: West Side Voluntary Annexation DATE: October 29, 2008 INTRODUCTION The purpose of this memorandum is to transmit to you the west side voluntary annexation application. I am recommending that the City Council be requested to approve annexation of the approximately 643-acre annexation territory (not including road right-of-way). The City Council has scheduled a public hearing on the west side annexation on November 3, 2008. A resolution approving the annexation is enclosed. DISCUSSION The west side voluntary annexation proposal is termed an "80/20" voluntary annexation. It involves property owners who have filed requests for voluntary annexation, as well as owners who have been included without their consent in accordance with state law. State law allows a city to include up to 20% of the total land area in a voluntary annexation territory without the consent of the owner to avoid creating an island or to create more uniform boundaries. These actions are called "80/20" voluntary annexations because at least 80% of the land is annexed voluntarily, and up to 20% can be annexed without the owner's consent. The City Development Board is the State Board in Des Moines that rules on 80/20 voluntary annexation requests. As of September 9, 2008, the 17 owners holding title to 97% of the 643-acre voluntary annexation territory had signed pre-annexation agreements and filed requests for voluntary annexation. Ten property owners in Sandwedge Subdivision, an island between Asbury and Dubuque, and 3 property owners west of the Dubuque city limits and south of Middle Road (collectively owning 3% of the land in the annexation territory) did not sign pre-annexation agreements. They are included as non-consenting owners in accordance with state law. In the west side annexation area, Middle Road is a county (public) road. All other roads-Whistlewind Lane, Dreamway Drive, Sandwedge Drive, and Sandwedge Court-are private. State law requires the City to annex to the centerline of the abutting county roadway of Middle Road. The 3 private road ROWs are included to avoid creation of islands. ROW totals 12.65 acres. West Side Voluntary Annexation Page 2 In accordance with state law, the City Council must hold a public hearing on the west side annexation prior to voting on the proposal. Notices of the date, time and location of the public hearing were mailed to affected property owners, public utilities, and other parties as required by state code. Consultation with the Dubuque County Board of Supervisors and the township trustees was held prior to the public hearing. Legal descriptions for the properties included in the west side annexation area were verified with the County Auditor in accordance with state code. City staff will file the annexation application with the City Development Board by October 31, 2008. This filing will allow Dubuque to appear on the November 12, 2008 Board agenda. If the City Council approves the west side annexation application after the November 3, 2008 public hearing, then the signed resolution will be filed with the City Development Board on November 4, 2008. At the November 12, 2008 meeting, the Board then will schedule a public hearing in Dubuque for all the affected property owners and the County. The Board must approve an 80/20 annexation request by a 4/5ths vote of the members. Asbury Voluntary Annexation The City of Dubuque has received the enclosed written notice from the City of Asbury regarding voluntary annexation applications for properties in the Sandwedge Subdivision. The Asbury public hearing is scheduled for November 25, 2008. The City of Dubuque is on record that we will not object to the voluntary annexation of the Sandwedge Subdivision to Asbury; however, these properties must remain in Dubuque's annexation application as non-consenting owners to avoid the creation of an island until the Board makes a decision on the two competing annexation applications. If the Dubuque and Asbury applications for a voluntary annexation for this common territory are submitted to the Board within 30 days of each other, the Board likely will approve the Asbury application because it is a 100% voluntary annexation. RECOMMENDATION recommend that the City Council adopt the enclosed resolution approving the enclosed west side annexation application. Enclosures cc: Gus Psihoyos, City Engineer Bob Green, Water Department Manager Dan Brown, Fire Chief Kim Wadding, Police Chief Don Vogt, Public Works Director Prepared by: Laura Carstens. City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Jeanne Schneider. City Clerk Address: City Hall- 50 W. 13 St Telephone: 589-4121 RESOLUTION NO. -08 APPROVING APPLICATIONS FOR THE VOLUNTARY ANNEXATION OF CERTAIN TERRITORY IN DUBUQUE COUNTY, IOWA AND ADDITIONAL LAND WHOSE OWNERS HAVE NOT CONSENTED TO THE VOLUNTARY ANNEXATION OF SAID LAND Whereas, the owners of property in Dubuque County, Iowa have submitted written requests for the voluntary annexation of approximately 621.35 acres by the City of Dubuque, Iowa; and Whereas, in order to avoid the creation of islands and/or to provide more uniform boundaries, it is necessary and in the public interest and required by Iowa law that approximately 22.22 acres of additional land whose owners have not consented to the voluntary annexation of said land be included as part of the annexation territory; and Whereas, the annexation territory includes approximately 2.80 acres of public right- of-way for adjoining private streets; and Whereas, the annexation territory includes approximately 9.85 acres of Dubuque County public right-of-way for Middle Road, an adjoining secondary road; and Whereas, Iowa Code Section 368.5 allows the inclusion of county right-of-way for adjoining secondary roads; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement; and Whereas, the annexation territory does not include any state or railroad property; and Resolution No. - 08 Page 2 Whereas, Iowa Code Section 368.7(1) 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 Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque and will promote the efficient and cost effective extension of municipal services; 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: Section 1. That the applications of the various property owners for voluntary annexation of approximately 621.35 acres of territory lying outside of the corporate limits of the City of Dubuque, Iowa, as shown on Exhibits A and B and legally described in Exhibit C, are hereby approved for annexation to the City of Dubuque, Iowa. Section 2. That the approximately 22.22 acres of land within the annexation territory as described in Exhibit C and owned by various property owners who have not consented to the voluntary annexation of said territory to the City of Dubuque, Iowa, as shown on Exhibits A and B and legally described in Exhibit C, are hereby approved for annexation to the City of Dubuque, Iowa to avoid the creation of islands and/or to create more uniform boundaries. Section 3. That the approximately 2.80 acres of public rights-of-way to the centerline of adjoining private streets within the annexation territory that currently lie outside a city, as shown on Exhibits A and B and legally described in Exhibit C, are hereby approved for annexation to the City of Dubuque, Iowa. Section 4. That the approximately 9.85 acres of County-owned road right-of-way to the centerline of Middle Road, an adjoining secondary road within the annexation territory that currently lies outside a city, as shown on Exhibits A and B and legally described in Exhibit C, are hereby approved for annexation to the City of Dubuque, Iowa. Section 5. That, subject to the approval of the City Development Board, the corporate limits of the City of Dubuque, Iowa, be and they hereby are extended to include the approximately 656 acres of annexation territory, including rights-of-way, as shown on Exhibits A and B and legally described in Exhibits C and D. Section 6. That, subject to the approval of the City Development Board's approval of the annexation, the City Council of the City of Dubuque, Iowa, does hereby provide for Resolution No. - 08 Page 3 the transition of the imposition of city taxes against all property within the annexation territory in accordance with the tax exemption schedule provided under Iowa Code section 472B.3, subsections 1 through 5, for the levy and collection of taxes as follows: 1. For the first and second years, seventy five percent (75%). 2. For the third and fourth years, sixty percent (60%). 3. For the fifth and sixth years, forty-five percent (45%). 4. For the seventh and eighth years, thirty percent (30%). 5. For the ninth and tenth years, fifteen percent (15%). Section 7. That the City Council of the City of Dubuque, Iowa, does hereby certify that the City of Dubuque has complied with the notice and hearing requirements of the Iowa Code, as amended, pertaining to voluntary annexation of territory with non-consenting property owners within an urbanized area of another city. Section 8. That if City Development Board approves this annexation, the territory hereby annexed shall become a part of the Fifth Precinct of the First Ward of the City of Dubuque, Iowa. Section 9. That the City Clerk shall file this resolution, all exhibits, and the application for voluntary annexation with the State of Iowa in accordance with the provisions of Chapter 368 of the Iowa Code. Passed, approved and adopted this day of 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk F:\users\Icarsten\wp\annex\2008 westsideannexation\resolution\westside annexation resolution-approve annexation.doc 0 ~~ A' 7 j y3 K m C m 0 n N v i 'i~ ,i~ a ~ [~~~ ~ ~: ~~~~~~i~~'i b 3 0 a m m m L H o d - b 0 2 m ~ ~ c ~' E g. ~ t ~ o ~ m .Ln. `w = o t a ~Q '~ ~ eif yy~ou, m 5 c~ ~ v ~ op O 2 . ~ W S C J 2 W C q d = % ' O O ~ ~ o a ~ ~` e ~ W ~ O , ~ U m `o ~ m ~ C -°i 'b a W f- f0 p 5 ~ ep ~ ~ '~ ~ p ~ b °~ oj{ L ° ~ Y~ 0 9 y m ~ E .~ E W c 'c ~ o c ; Ql ~ r r r r r r r W N J 0 Q ~ b C I W ~~ ~ ~ i .~ °' a g b C w K b b ~ m ~ m o t vQ ~ ? ~ m = C m O ~ ~ ~ ~ $ ao ~ ~ ~ = ~ y ~ m 2 . ~ ~ t c m Q b ~ o O ~ b ' ~ ~ ~ ` - T Q ~ ~ °n ~ ~ d S ~ W 'O m C ~ N3 ^ \ a O ~ L S ~ ~ p W ~ L ~ TC H .Q f \ ~ ~ ~ N 4'J ~ W ' W ~ O Q W c~ o c~ c~ d ~ o ~ ~ i a ~ i i '~' a c9 u~ ni vi c v i v ~i m r oo ed m Um ~ m ~ m a=o m ~ 7 EXHIBIT C West Side Annexation Properties Legal Descriptions Consenting Property Owners 1. Aloysius P. and Theresa Margaret Merkes Alta Jane Blades Place -Lot 2 of Section 25 T89N R1 E, 5t" P.M.; NE'/4 NW'/4 of Section 25 T89N R1 E, 5t" P.M.; Lot 1 NW'/4 SW'/ and Lot 2 NW'/ SW'/ of Section 25 T89N R1 E, 5t" P.M.; SE'/ NW'/4 of Section 25 T89N R1 E, 5t" P.M.; NE'/4 SE'/4 of Section 23 T89N R1 E, 5t" P.M.; Middle Fork Addition -Lot 4 of Section 23 T89N R1 E, 5t" P.M.; Middle Fork Addition -Lot 5 of Section 23 T89N R1 E, 5t" P.M.; NW'/4 SE'/4 of Section 23 T89N R1 E, 5t" P.M.; Lot 1-1 W % NW'/4, Lot 2-1 W'/ NW'/, and Lot 2 W'/ NW'/4 of Section 25 T89N R1 E, 5t" P.M.; NE'/4 NE'/4 of Section 26 T89N R1 E, 5t" P.M.; Middle Fork Addition -Lot 3 of Section 23 T89N R1 E, 5t" P.M.; all in Dubuque County, Iowa (Parcel IDs: 09.25.351.001, 09.25.100.002, 09.25.301.001, 09.25.100.003, 09.23.451.001, 09.23.476.001, 09.23.400.001, 09.25.100.001, 09.26.226.001, 09.23.451.002, 09.23.400.002) 2. Grady Family Trust and Betty J. Pothoff Lot 1 SW'/a SW'/ of Section 23 T89N R1 E, 5t" P.M.; W'/Z SE'/ SW'/4 of Section 23 T89N R1 E, 5t" P.M.; SE'/ SE'/4 Lot 1-1-1 of Section 22 T89N R1 E, 5t" P.M.; NW'/4 SW '/4 of Section 23 T89N R1 E, 5t" P.M.; NE'/ SW'/4 of Section 23 T89N R1 E, 5t" P.M.; all in Dubuque County, Iowa (Parcel IDs: 09.23.353.001, 09.23.376.001, 09.22.476.001, 09.23.301.001, 09.23.326.001) 3. Elaine Kelly aka Elaine M. Kelly Lot 1-2-1 W'/ NE'/ and Lot 1-2-1-1-1 W'/2 NE'/ in Section 25 T89N R1 E, 5t" P.M.; all in Dubuque County, Iowa (Parcel IDs: 09.25.201.004 and 09.25.202.001 7. Kerry S. Bowman Lot 1 SE'/4 SW'/ of Section 24 T89N R1 E, 5t" P.M.; all in Dubuque County, Iowa (Parcel I D: 09.24.376.003) 9. Gary L. and Carol Jean Thompson Lot 2-1-1-1-1-1-1-1-1 SW'/ SW '/ in Section 24 T89N R1 E, 5t" P.M.; all in Dubuque County, Iowa (Parcel I D: 09.24.352.003) 10. Joshua D. and April S. Hageriy Lot 2-1-1-1-1-1 SW'/ SW'/4 in Section 24 T89N R1 E, 5t" P.M.; all in Dubuque County, Iowa (Parcel I D: 09.24.352.002) EXHIBIT C West Side Annexation Properties Legal Descriptions 11. Estate of Merlin J. and Wilma Houseloq flames P. Houseloq, Executor) Lot 2-1 SW'/ SW'/; Lot 2-1-1 SW'/4 SW'/; Lot 2-1-1-1-1-1-1-1 SW'/4 SW '/ in Section 24 T89N R1 E, 5t" P.M.; all in Dubuque County, Iowa (Parcel I D: 09.24.351.003) 12. Robert M. and Gertrude Houseloq Lot 2 SW'/4 SW'/; Lot 1-2-1-1-1 SW'/4 SV1%'/; Lot 1-2-1-1-1-1-1-1 SW'/4 SW'/4 in Section 24 T89N R1 E, 5t" P.M.; all in Dubuque County, Iowa (Parcel I D: 09.24.351.002) 13. Mack G. Patterson Lot 2-1-1-1-1 SW'/4 SW'/; Lot 2-2-1-1-1-1-1-1 SW'/4 SW'/4; Lot 2-2-1-1-1 SW'/ SW'/4 in Section 24 T89N R1 E, 5t" P.M.; all in Dubuque County, Iowa (Parcel I D 09.24.351.001) 14. Marv Maxine Harris Lot 2 of SE'/4 of SE 1/4 of Section 23 T89N R1 E, 5t" P.M.; all in Dubuque County, Iowa (Parcel I D: 09.23.400.007) 15. Verne R. and Linda M. Wilson Middle Fork Addition -Lot 1 of Section 23 T89N R1 E, 5t" P.M.; all in Dubuque County, Iowa (Parcel I D: 09.23.476.003) 16. Michael T. and Tammy Lynn Merkes Middle Fork Addition -Lot 2 of Section 23 T89N R1 E, 5t" P.M.; all in Dubuque County, Iowa (Parcel I D: 09.23.476.002) 17. -Thomas R. and Sherry L. Steinback Westphal Place -Lot 2 in Section 23 T89N (ParceIID:09.23.400.009) R1 E, 5t" P.M.; all in Dubuque County, Iowa 18. Charles L. and Linda D. Westphal Westphal Place -Lot 1 in Section 23 T89N R1 E, 5t" P.M.; all in Dubuque County, Iowa (Parcel I D: 09.23.400.008) 19. John W. and Louise T. McAllister Lot 2 SW'/4 SE'/; Lot 2-1 SW '/ SE'/4 in Section 23 T89N R1, 5t" P.M.; all in Dubuque County, Iowa (Parcel I D: 09.23.400.004) 20. Marie E. Gerhard E % SE'/ SW % in Section 23 T89N R1 E, 5t" P.M.; all in Dubuque County, Iowa (Parcel I D: 09.23.376.002) 2 EXHIBIT C West Side Annexation Properties Legal Descriptions Non-Consenting PropeMy Owners 4. Thomas D. and Karen K. Gerhard Thomas Gerhard Place -Lot 2 and Thomas Gerhard Place -Lot 1 in Section 25 T89N R1 E, 5t" P.M.; all in Dubuque County, Iowa (Parcel IDs: 09.25.202.002 and 09.25.202.003) 5. Craig R. and Lisa R. Doerr Lot 2 W % NE'/4 in Section 25 T89N R1 E, 5t" P.M.; all in Dubuque County, Iowa (Parcel I D: 09.25.201.002) 6. Richard A. and Judith Ann Henkel Lot 2-2-1 W'/ NE'/ in Section 25 T89N R1 E, 5t" P.M; Lot 2-1-1 W % NE'/ in Section 25 T89N R1 E, 5t" P.M.; all in Dubuque County, Iowa (Parcel IDs: 09.25.201.003 and 09.25.201.001) 8. Sandwedge Subdivision Parcel 8A: Gary P. & Beth E. Brown Legal Description: Dan Adams Sub -Lot 1 Dubuque County, Iowa (Parcel I D: 09.24.352.004) in Section 24 T89N R1 E, 5t" P.M.; all in Parcel 8B: Christian R. and Kris A. Strohmeyer Legal Description: Dan Adams Sub -Lot 2 in Section 24 T89N R1 E, 5t" P.M.; all in Dubuque County, Iowa (Parcel I D: 09.24.353.002) Parcel 8C: Gregory J. & Nancy T. Adams Legal Description: Dan Adams Sub -Lot 5 in Section 24 T89N R1 E, 5t" P.M.; all in Dubuque County, Iowa (Parcel I D: 09.24.376.007 ) Parcel 8D: Gerald G. & Deborah L. Adams Legal Description: Dan Adams Sub -Lot 6 in Section 24 T89N R1 E, 5t" P.M.; all in Dubuque County, Iowa (Parcel I D: 09.24.376.008) 3 EXHIBIT C West Side Annexation Properties Legal Descriptions Parcel 8E: Paul M. & Martha R. Schmidt Legal Description: Dan Adams Sub -Lot 7 in Section 24 T89N R1 E, 5t" P.M.; all in Dubuque County, Iowa (Parcel ID: 09.24.376.011) Parcel 8F: Thomas J. & Jacqueline L. Thiltgen Legal Description: Dan Adams Sub -Lot 8 in Section 24 T89N R1 E, 5t" P.M.; all in Dubuque County, Iowa (Parcel I D: 09.24.376.010) Parcel 8G: John E. & Kristine A. Richey Legal Description: Dan Adams Sub -Lot 9 in Section 24 T89N R1 E, 5t" P.M.; all in Dubuque County, Iowa (Parcel I D: 09.24.376.009) Parcel 8H: David M. & Linda K. Munn Legal Description: Dan Adams Sub -Lot 10 in Section 24 T89N R1E, 5t" P.M.; all in Dubuque County, Iowa (Parcel 1 D: 09.24.354.001) Parcel 81: Gary L. & Barbara J. Weber Legal Description: Dan Adams Sub -Lot 3 in Section 24 T89N R1 E, 5t" P.M.; all in Dubuque County, Iowa (Parcel ID: 09.24.353.003) Parcel 8J Trevor C. & Heather A. Pool Legal Description: Dan Adams Sub -Lot 4 in Section 24 T89N R1 E, 5t" P.M, all in Dubuque County, Iowa (Parcel I D: 09.24.376.006) 4 EXHIBIT C West Side Annexation Properties Legal Descriptions Rights-of-Way Dubuque County right-of-way to the centerline of Middle Road adjoining the annexation territory and lying outside a city in T89N R1 E, 5t" P.M, all in Dubuque County, Iowa. Right-of-way of Sandwedge Drive adjoining the annexation territory and lying outside a city in T89N R1 E, 5t" P. M, all in Dubuque County, Iowa. Right-of-way of Sandwedge Court adjoining the annexation territory and lying outside a city in T89N R1 E, 5t" P.M, all in Dubuque County, Iowa. Right-of-way of Dreamway Drive adjoining the annexation territory and lying outside a city in T89N R1 E, 5t" P. M, all in Dubuque County, Iowa. Easement B for road purposes, commonly known as Whistlewind Lane, over and across Lot 2-1-1 W'h NE'/ in Section 25 T89N R1 E, 5t" P.M., all in Dubuque County, Iowa. F:\USERS\LCARSTEN\WP1Annex\2008 West Side Annexation\Parcel Information\EXHIBIT CWest Side Annex Legal_Descriptions 09 12 08 Auditor.doc 5 EXHIBIT D ANNEXATION BOUNDARY LEGAL DESCRIPTION The exterior boundary of the annexation area is more particularly described as follows: Commencing as a point of reference at the Northwest corner of the Northeast'/4 of the Northeast '/4 of Section 25, Township 89 North, Range 1 East of the 5t" Principal Meridian in Dubuque County, Iowa, said point being the point of beginning; 1. Thence Southerly along the east lines of Lot 1 of Thomas Gerhard Place and Lot 1 of 2 of 1 of 1 of 1 of the West 'h of the Northeast '/4 of said Section 25 to the southeasterly corner of said Lot 1 of 2 of 1 of 1 of 1; 2. Thence Westerly along the southern boundaries of Lot 1 of 2 of 1 of 1 of 1, Lot 1 of 2 of 1, Lot 2 of 2 of 1, and Lot 2 of 1 of 1 all in the West'/ of the Northeast'/ of said Section 25 to a point of intersection with the east line of the Northwest'/ of said Section 25; 3. Thence Southerly along the east line of and said Northwest'/4 of said Section 25 to the Southeast corner of the Southeast '/4 of the Northwest '/4 of said Section 25; 4. Thence Westerly along the south line of said Southeast'/ of the Northwest'/4 to the northwest corner of the Northeast'/4 of the Southwest'/4 of said Section 25; 5. Thence Southerly along the easterly line of the Northwest'/ of the Southwest'/ of said Section 25 to the southeast corner of said Northwest'/ of the Southwest ,/; 6. Thence continuing Southerly along the east line of Lot 2 of Alta Jane Blades Place to the southeasterly corner of said Lot 2; 7. Thence Northwesterly along the southern boundary of said Lot 2 to a point of intersection with the westerly line of the Southwest'/4 of said Section 25; 8. Thence Northerly along said westerly line to the northwest corner of the Northwest %4 of the Southwest'/ of said Section 25; 9: Thence Northerly along the westerly line of the Southwest '/4 of the Northwest '/ of said Section 25 to the southwest corner of the Northwest'/ of the Northwest'/ of said Section 25; 10. Thence Westerly along the southerly line of the Northeast'/ of the Northeast'/ - of Section 26, Township 89 North, Range 1 East, 5t" Principal Meridian in Page 1 of 4 Dubuque County, .Iowa, to the southwest corner of said Northeast '/ of the Northeast'/; 11. Thence Northerly along the west line of the .Northeast '/ of the Northeast '/ of said Section 26 to the northwest corner of said Northeast'/ of the Northeast'/4; 12. Thence Westerly along the north line of the Northwest '/4 of the Northeast '/ of said Section 26 to the northwest corner of said Northwest '/4 of the Northeast '/4 of said Section 26; 13. Thence Westerly along the south line of the Southeast'/ of the Southwest'/4 of Section 23, Township 89 North, Range 1 East, 5t" Principal Meridian in Dubuque County, Iowa, to the southwest corner~of said Southeast %a of the Southwest'/4 of said Section 23; 14. Thence Westerly along the south line of Lot 1 of the Southwest '/ of the Southwest'/4 of said Section 23 to the southwest corner of said Lot 1, said point being the easterly right-of--way line of Jonquil Terrace in Regency West Subdivision in Sections 22 and 23, Township 89 North, Range 1 East, 5t" Principal Meridian, Dubuque County, Iowa; 15. Thence Northerly along the east boundary line of Regency West Subdivision to the northeast corner of Lot 16 in said Subdivision; 16. Thence Westerly along the northerly boundary line of said Subdivision to the northwest corner of said Subdivision and westerly right-of--way line of Mountain Ridge; 17. Thence South along said westerly right-of--way line to the northeast corner of Lot 2 of 1 of the Southeast'/4 of the Southeast'/ of Section 22, Township 89 North, . Range 1 East, 5t" Principal Meridian, Dubuque County, Iowa; 18. Thence Westerly along the north boundary of said Lot 2 of 1 to a point of intersection with Lot 2 of 2 of said Section 22; 19. Thence Northerly along the east line of said Lot 2 of 2 to the northeast corner of said Lot; 20. Thence Westerly along the north line of said Lot 2 of 2 and Lot 1 of 2 in the Southeast'/a of the Southeast %4 of said Section 22 to a point of intersection with the west line of said Southeast'/ of the Southeast'/4; 21. Thence Northerly along said west line to the northwest corner of said Southeast '/a of the Southeast'/; Page 2 of 4 22. Thence Easterly along the north line of said Southeast'/4 of the Southeast % to a point of intersection with the west line of the Southwest '/ of Section 23, Township 89 North, Range 1 East, 5th Principal Meridian, Dubuque County, Iowa; 23. Thence Northerly along the west line of said Southwest '/ to the northwest corner of said Southwest'/; 24. Thence Easterly along the north line of the Southwest % of said Section 23 to the northeast corner of said Southwest'/; 25. Thence continuing Easterly along the north line of the Southeast '/4 of said Section 23 to the northeast corner.of said Southeast'/; 26. Thence Southerly along the east line of said Southeast '/ to the southwest corner of Lot 1 of C. J. Timbers in Section 24, Township 89 North, Range 1 East, 5th Principal Meridian, Dubuque County, Iowa; 27. Thence Easterly along the southern line of Lot 1 of said C.J. Timbers Subdivision to the northeast corner of Lot 2 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of the Southwest '/ of the Southwest'/.of said Section 24; . 28. Thence Southerly along the easterly lines of Lot 2 of 1 of 1 of 1 of 1 of 1 of 1 of 1 and Lot 2 of 1 of 1 in the Southwest'/4 of the Southwest'/4 in said Section 24 to a point of intersection with the south line of the Southwest'/ of said Section 24; 29. Thence Easterly along the south line: of the Southwest '/ of said Section 24 to the southwest corner of Lot 2 of 1 of 1 of 1 of 1 of 1 of the Southwest'/4 of the Southwest'/4 of said Section 24; 30. Thence Northerly along the west boundary of said Lot 2 of 1 of 1 of 1 of 1 of 1 to the northwesterly corner thereof; 31. Thence Easterly along the north boundary of said Lot 2 of 1 of 1 of 1 of 1 of 1 to the southwest corner of Lot 1 of Dan Adams Subdivision in said Section 24; 32. Thence Northerly along the west boundary of said Dan Adams Subdivision to the northwest corner of Lot 5 thereof; 33. Thence Southeasterly along the northerly lines of Lot 5 and Lot 6 of said Dan Adams Subdivision to the northwest corner of Lot 1 of the Southeast '/ of the Southwest'/a of said Section 24; 34. Thence continuing Southeasterly along the northeasterly line of said Lot 1 to a point of intersection with the east line of the Southeast'/a of the Southwest %4 of said Section 24; Page 3 of 4 35. Thence Southerly along said east line to the southeast corner of the Southwest of said Section 24; 36. Thence Easterly along the north line of the West One-Half of the Northeast'/4 of Section 25, Township 89 North, Range 1 East of the 5th Principal Meridian, Dubuque County, Iowa, to the point of beginning. t~~~~~t""S~1'!r~ii,,~ I hereby certify that this land surveying document was prepared by ~~~~`~® ,~A•••••.~~~,~s me or under my direct personal supervision and that I am a duly ~% • ~ ' :y ~ lice d Land Su a or under the Laws of the State of Iowa. roc RONALDJ. 'fi= ~ : 1' U{~R N E f~ ; O A Date ~ ~Y ~' • 9~5 ~ Y ~.0 ,~.~•.•o•••m•.••~y~`~.`°~ Ronald J. Turner, L.S. No. 9651 ~"`'aAaie~eiriOiW tc~`~~`~'`` My renewal date is Dec. 31, 2008 Pages on sheets covered by this seal: ~ Page 4 of 4 I h Q ~, _1 /, ~~ 23 22 16 15 _I l _I l .r o_ 18 ~ / ~~~_lll _/~ oa ~5 )pG Q? r`~ ~3 y~ ~~ ,_ c~ovE W ~.~S~ I kdR 24 ~ ~ 25 ~~~ ~a 27 ~ ~~' - 11 I $.1 - I 10 ~1 / \\ I 09 !~l -- ~ J l F IERC \ West Side Annexation o Overall Boundary Map m ~~ ¢~~ N o ~ '° 4 - ~- ~ - 33 r1-~~'~\nr 0 500 1,000 2,000 3,000 I I ~\L Feet _ 35 \ 3s Scale: 1" = 1000 feet ~. (Drawing may have been reduced) J o'. ~ WI 01 ~ ~ POINT OF BEGINNING: ~NW CORNER OF THE NE 1/4 ~ OF THE NE 1!4 OF SECTION 25, 02 TOWNSHIP 89 NORTH, RANGE 1 FJ~ST OF THE 5TH PRINCIPAL MERIDIAN 03 DUBUQUE COUNTY, IA ~~1 04 ~J I ~~ 05 ~__ -/ 08 I 07 os ,~ R ~ 1 \ I I I ~ ~~j~~~/ I h H:WluninO 6aMwNmuation\Wsat SWs Mnexetlon Area B-240&m^d 2008 VOLUNTARY ANNEXATION PLAN FOR THE WEST SIDE OF DUBUQUE PREPARED BY THE CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT October 20, 2008 Dubuque THE CITY OF ~ r DuB E Masterpiece on the Mississippi 2007 2008 Voluntary Annexation Plan for West Side of Dubuque Dubuque's application for voluntary annexation of 643 acres on the west side is in the public interest and should be approved by the City Development Board for the following reasons: 1) The annexation is voluntary. 2) The annexation is in accord with Dubuque's long range and comprehensive planning. 3) The annexation will help partially fill Dubuque's present need for developable land. 4) The annexation area has been studied and identified as a priority for annexation. 5) This annexation supports the City's long-range goals to maintain compact and contiguous development, to accommodate projected expansion, and to facilitate planned and managed growth on the City's fringe. a. Given the topography, Dubuque can efficiently and cost-effectively serve the area. b. As the regional center for medical care, shopping, entertainment, and employment, the City of Dubuque has to plan for these land uses, as well as the residential needs of the community, and must grow geographically to accommodate these diverse land uses. c. Limited to redevelopment on its east side due to the Mississippi River, and challenged by rugged terrain and limited roadway systems on the north and south, the most cost efficient growth area for Dubuque has been and continues to be the west side. d. The City has invested millions to extend water mains, sanitary sewer interceptors, and City streets to the west side, opening up potentially thousands acres of land to meet Dubuque's long-term development needs, with the capacity to serve those needs. 6) The City of Dubuque has the fiscal capability to provide substantial municipal services to the annexation territory cost effectively. 7) The City of Dubuque has the physical capacity to provide substantial municipal services and benefits not presently available to the annexation territory, within a reasonable time in the most cost efficient and cost effective manner. 8) Dubuque has garnered local, state, and national recognition for its accomplishments. The following annexation maps are referenced throughout this Annexation Plan: Map 1 shows the consenting and non-consenting parcels in the annexation territory in relation to the entire corporate limits of both Asbury and Dubuque. Map 2 shows the consenting and non-consenting parcels in the annexation territory in relationship to the proximate city limits of Asbury and Dubuque. Map 3 shows the consenting and non-consenting parcels in the annexation territory identified with the City parcel numbers. Map 4 shows the planned water and sewer extensions for the annexation territory. Map 5 shows existing land use in and around the annexation territory. Map 6 shows future land use in the annexation area territory and the surrounding area. Map 7 is the current City of Dubuque vacant developable land inventory. Map 8 is the current City of Dubuque water service. Map 9 is the current City of Dubuque sanitary sewer service. Map 10 is the study boundary for the 2006 Annexation Study. 2 Voluntary Annexation Process The west side voluntary annexation proposal is termed an "80/20" voluntary annexation. It involves pre-annexation agreements with property owners who have filed requests for voluntary annexation, as well as property owners who have been included without their consent in accordance with state law. State law allows a city to include up to 20% of the total land area in a voluntary annexation territory without the consent of the owner to avoid creating an island or to create more uniform boundaries. The owners of the two large farms, Merkes and Grady/Pothoff, and two residential lots signed voluntary annexation requests by August 28, 2008. With these two farms, the boundaries of the annexation area were not uniform. In addition, there was an "island" of unincorporated land between the Asbury city limits and the future city limits of Dubuque. Dubuque's annexation attorney, Frank Smith, advised City staff to consider annexing additional properties, without the property owners' consent if necessary, to: 1) create more uniform boundaries along Middle Road for provision of City services, and 2) avoid creating an "island" between Dubuque and Asbury. As of August 28, 2008, the voluntary requests represented 555.5 acres, or 86% of the total land area. The non-consenting owners, identified for consideration by Mr. Frank Smith, represented 88.0 acres, or 14%. of the total land area. City staff personally contacted and provided pre-annexation agreements to all of the potential non-consenting property owners in the west side annexation area. For those properties in the "island", the City of Dubuque's stated position has been and continues to be that Dubuque will not contest these property owners requesting annexation by Asbury if they choose to do so. A commitment to the owners of the two large farms, Merkes and Grady/Pothoff, to submit this annexation proposal to the City Development Board by December 1, 2008 necessitated a deadline for signed pre-annexation agreements of September 9, 2008. As of September 9, 2008, the 17 owners holding title to 97% of the 643-acre voluntary annexation territory had signed pre-annexation agreements and filed requests for voluntary annexation. Ten property owners in Sandwedge Subdivision, an island 3 between Asbury and Dubuque, and 3 property owners west of the Dubuque city limits and south of Middle Road (collectively owning 3% of the land in the annexation territory) did not sign pre-annexation agreements. They are included as non-consenting owners in accordance with state law. In the west side annexation area, Middle Road is a county (public) road. All other roads-Whistlewind Lane, Dreamway Drive, Sandwedge Drive, and Sandwedge Court- are private. State law requires the City to annex to the centerline of the abutting county roadway of Middle Road. The private roads are included to avoid creation of islands. Maps 1 and 2 show the status of signed agreements as of September 9, 2008. The voluntary requests (shown in blue) represent 621.35 acres, or 97% of the total land area. The non-consenting owners (shown in green) represent 22.22 acres, or 3% of the total land area. Map 2 also depicts the locations of 12.65 acres in public and private rights-of- way (ROW) included in the west side annexation area. Map 3 shows the consenting and non-consenting property owners and corresponding parcel identification numbers in the annexation area. In accordance with state law, the City of Dubuque must request verification of the legal descriptions and ownership of the properties included in the west side annexation area from the County Auditor. This verification is included as an attachment to this plan. In accordance with state law, the City of Dubuque must consult with the Dubuque County Board of Supervisors and the township trustees prior to the public hearing. A consultation meeting was scheduled with the Supervisors and trustees. No one attended the consultation session, and no verbal or written inquires were made. A copy of the consultation mailing is included as an attachment to this plan. In accordance with state law, the City Council must hold a public hearing on the west side annexation prior to voting on the proposal. The City Council scheduled this public hearing for November 3, 2008. Notices of the date, time and location of the public hearing were mailed to affected property owners, public utilities, and other parties and published in the local newspaper as required by law. A copy of the mailings and proof of publication is included as an attachment to this plan. 4 The City of Dubuque approved pre-annexation agreements with the consenting property owners that serve as a transition plan for properties voluntarily annexed. The City of Dubuque created this transition plan to reduce the impact of annexation on the 1) homeowners and to facilitate development of the larger farms. The Iowa Code does not require the City to offer any incentives for voluntary annexation. The transition plan provides these benefits: • Iowa law allows cities to provide a partial exemption of the City's portion of property taxes over aten-year period after annexation according to a specific schedule: 75% for years 1 and 2, 60% for years 3 and 4, 45% for years 5 and 6, 30 % for years 7 and 8, and 15% for years 9 and 10. All property owners in the west side annexation area will receive the ten-year City property tax exemption. • Property owners who signed pre-annexation agreements with the City of Dubuque will receive interest-free financing for sewer connections or septic system replacement for their existing residences in the west side annexation area. • In addition, the City of Dubuque has agreed to the extension of sanitary sewer and water lines to the larger farms when they develop their properties. Planned water and sewer extensions are depicted in Map 4. The annexation is voluntary. The West Side Annexation is overwhelmingly voluntary, as shown in the chart below. Consenting Property Owners 621 Acres 97% Non-consenting Property Owners 22 Acres 3% Total 643 Acres 100% Public Right-of-Way 12.65 Acres Total Annexation Area 655.65 Acres 5 The non-consenting parcels are included to comply with the Iowa Code to: 1) create more uniform boundaries along Middle Road for provision of City services, and 2) avoid creating an "island" between Dubuque and Asbury. 2) The annexation is in accord with Dubuque's long range and comprehensive planning. The City of Dubuque has a long history of planned and managed growth. The City's first Comprehensive Plan was adopted in 1936. Since 1989, the Dubuque City Council has made planned and managed growth a priority through their annual goal setting process. At their 1989 goal setting, the Dubuque City Council separated the Planning and Zoning Commission into a Zoning Advisory Commission and a Long Range Planning Advisory Commission. The newly-formed Long Range Planning Advisory Commission, with support from the City Council, undertook afive=year process from 1990 - 1995 to: ^ complete a community vision for the tri-state community, ^ prepare a development needs study, ^ research existing conditions and needs, ^ identify trends and critical needs, and then ^ create a Comprehensive Plan and a Future Land Use Map. This planning process ran concurrently with the update of the Dubuque Metropolitan Area Transportation Study (DMATS) Long Range Transportation Plan. Dubuque's Comprehensive Plan consists of 14 elements in three major categories of sustainability: • Physical Environment - Land Use and Urban Design, Transportation, Infrastructure, and Environmental Quality. • Economic Environment -City Fiscal and Economic Development. • Social Environment -Health, Housing, Human Services, Education, Cultural Arts, Recreation, Public Safety, and Diversity. 6 The Long Range Planning Advisory Commission updated the Comprehensive Plan in 2000-2002 and in 2007-2008. During these updates, the City of Dubuque re-affirmed potential growth areas on the west side. During the City's comprehensive planning process, the Long Range Planning Advisory Commission identifies potential growth areas in and around the city. Most potential growth areas are located on the City's west side. Potential growth areas are identified through the planning process as having land types suitable for development and representing necessary capacity for future development. The potential growth areas are identified, evaluated and selected based on: ^ Physical features -topography, proximity to flood plain, etc. ^ Accessibility to transportation -streets, highways, railroads. ^ Accessibility to water and wastewater services of the City. ^ Compatibility with surrounding land uses. ^ Appropriateness for annexation -- owners are likely to consider voluntary annexation, to capitalize on development opportunities. The 2008 Comprehensive Plan includes a 2030 Future Land Use Map that shows potential development alternatives for Dubuque's long-range growth in and around the city. The Future Land Use Map reflects a balance of residential, commercial, industrial and open space land in 2030 for Dubuque and primary growth areas around the city, including the annexation territory. Existing land use in and around the annexation territory is shown on Map 5. Map 6 shows future land use in the annexation area territory and the surrounding area as per the City of Dubuque's 2030 Future Land Use Map. The Future Land Use Map designates the annexation territory for single family residential development and rural density residential development. Single family residential is intended to provide low density single-family dwellings and related recreational, religious and educational facilities which typically service a neighborhood population. Rural Density Residential appears around the fringe areas and is intended to accommodate a range of single family lots. 7 Residential development will remain the predominant land use through 2030, with the balance in commercial, industrial and institutional uses. Park and open space also will remain an integral part of the City's land use patterns. Land where environmental factors (such as floodplains) limit development opportunities will remain as a portion of the total open space throughout the City. 3) The annexation will help fill Dubuque's present need for developable land. Dubuque's growth to the north, east and south is limited by geographical barriers that make development expensive and inefficient. The most cost effective growth area for Dubuque continues to be the west side. Dubuque has a long history of community development. The City has: ^ Invested $9.75 million in parks since FY1994. ^ Created 17.8% of the net new jobs in the entire state of Iowa (3,200 of Iowa's statewide total of 17,900) from February 2006 through February 2007. ^ In the last five years, more than $540 million in new construction occurred and 5,300 new jobs were created with a total workforce of 56,200. ^ Downtown Dubuque has received over $403 million in improvements since 1985. ^ Invested $13 million in infrastructure to serve westerly development As shown on Map 7, most vacant developable land lies on the City's urban fringe. There is very little vacant developable land in the core of the city, and this demonstrates Dubuque's commitment to compact and cost efficient urban development. Below is an overview of Dubuque's current land inventory: Vacant Land With Development Plan 615 Acres 25% Vacant Land Without Development Plan 1,892 Acres 75% Total Land Available for Development 2,507 Acres 100% Dubuque's long-range planning projections are that the community will need 3,875 acres to meet its development needs for the next 20 years. Currently, it has 2,507 acres in its developable land inventory. Although this annexation will add an estimated 610 acres of 8 developable land to the inventory, Dubuque will still be 758 acres below its projected needs. The Greater Dubuque Development Corporation (GDDC), the economic development organization for the Dubuque area, has undertaken Phase II of the River Valley Initiative, a five-year plan for growth. Phase II of the plan will serve as the catalyst for the following: ^ New Jobs: Aggressively promote the creation of 5,500 jobs (especially those at or above $16/hour) through growth at new and existing companies. ^ New Growth: Realize $300 million in new construction projects and new business development. To support these new jobs and this new growth, Dubuque will need a sufficient land to: ^ Encourage development to create diverse and self-sufficient neighborhoods ^ Ensure that opportunities for convenient and concentrated development are provided to support both the local and regional markets. ^ Provide sufficient housing opportunities to meet the needs of Dubuque's growing economic base. 4) The annexation area has been studied and identified as a priority for annexation. In 2006, the City of Dubuque completed an annexation analysis of future growth areas as an update to the 1996 Annexation Study. The purpose of the 2006 annexation analysis was to assist the City of Dubuque in evaluating growth issues. The objectives of the 2006 Annexation Study were to determine the relative costs and relative benefits associated with potential growth areas, evaluate the relative cost and benefit of potential growth areas in relationship to each other, identify advantages and weaknesses within the proposed growth areas, and prioritize the potential growth areas. The scoring criteria were used to evaluate potential growth areas and their revenue to expense ratios, contiguity, proximity to transportation, development potential, proximity to sewer, and proximity to water. 9 The 2006 Annexation Study was divided into 23 separate study areas, labeled A through W. The study boundary was selected to evaluate that portion of Dubuque's urbanized area where there was potential interest for growth and annexation within the foreseeable future. The study area encompasses a significant portion of the City of Dubuque's urbanized area. The total area was approximately 23,000 acres, or approximately 36 square miles. Map 10 shows the 23 study areas of the 2006 Annexation Study. In July 2008, the City of Dubuque received verbal inquiries for voluntary annexation of subdivisions west of the City of Asbury and the Meadows Golf Course. In response to the requests, the City of Dubuque amended the 2006 Annexation Study to analyze voluntary annexation inquiries beyond the original 2006 study boundaries for Area Q. The amendment also analyzed annexation requests from property owners located in the original Area Q. The new area is designated as Area Q-1. Area Q-1 is 900 acres. The west side annexation area is 643 acres. All but 53 acres of the 643 acre west side annexation area are contained within the Q-1 study area. Area Q-1 is contiguous to the City of Dubuque. It has access to an existing sanitary sewer trunk located near Seippel Road approximately 1/2 mile southeast of the east boundary of Area Q-1. The Q-1 study area has access to water service from a water main located on Seippel Road south of Middle Road. The general characteristics of Area Q-1 are: General Location Proximity Current Status Southwest Contiguous Partially Developed A summary of the taxable value and estimated population of Area Q-1 is: Total Area Number of Parcels Land Value Building Value Residential Dwelling Value Total Taxable Value Number of Residences Estimated Population Current Population Density 10 900 Acres 126 $2,782,665 $123, 564 $9,097,500 $6,909,129 32 80 0.09 person/acre Area Q-1 is projected to have the following land use distribution pattern based on full development. Land Use Type Projected Area Percent Area (Acres) Single Family Residential 540 60 Multi-Family Residential 90 10 Commercial 0 0 Industrial 0 0 Open Space 270 30 Totals 900 100 The projected number of housing units and future population in Area Q-1 based on the projected land use is: Projected Projected Land Use Type Housing Units Population Single Family Residential 1,080 3,375 Multi-Family Residential 900 1,620 Totals 1, 980 4, 995 The projected density of single family housing units in the Q-1 study area is 2.5 units per acre. The projected density of single family housing units is lower than the standard of three units per acre used in the 2006 Annexation Study. A review of existing development suggests the average lot size in Area Q-1 will be large enough that it is prudent to reduce the density of projected single family residential housing. The impact of the lower density of single family housing units is offset by the anticipated higher valuation of single family residences in the study area. The projected taxable value of the Q-1 study area based on full development is summarized as follows: Land Use Type Single Family Residential Multi-Family Residential Commercial Industrial Total Projected Taxable Value $168, 750, 000 81, 000, 000 0 0 $249,750,000 11 The projected taxable valuation of a single family residence in Area Q-1 is $125,000. This taxable valuation is based on the taxable valuation of the average residence in the study area. It is recognized the projected taxable valuation of a single family residence in Area Q-1 is higher than the standard used for the 2006 Annexation Study. The higher valuation is to reflect the projected continuation of existing housing patterns with more costly houses on larger lots. 2008 Revenue and Expense Projection The method of analysis updates the original 2006 projection to current revenues and estimated expenses. Revenues are updated based on current projected revenues. Expenses are updated based on the 2006 expenses with an adjustment factor for inflationary cost increases. A projection of the anticipated revenues generated from property taxes, enterprise fund revenue and road use tax revenue for Area Q-1 is: Land Use Projected Projected Projected Projected Projected Local Annual Type Property Tax Water Wastewater Stormwater Road Use Option Total Revenue Revenue Revenue Utility Tax Fund Sales Tax Revenue Revenue Single $1,653,750 $253,206 $302,130 $58,320 $284,513 $185,625 $2,737,544 Family Residential Multi-Family 793,800 ~ 168,804 201,420 38,880 136,566 89,100 1,428,570 Residential Commercial 0 0 0 0 0 0 0 Industrial 0 0 0 0 0 0 0 Totals $2,447, 550 $422, 010 $503, 550 $97, 200 $421, 079 $274, 725 $4,166,114 Based on comparative analysis, Area Q was one of four areas which achieved the third highest score among all 23 annexation areas studied making it a priority for annexation. Area Q-1 has the same ranking, and therefore is a priority for annexation. According to the 2000 Census, Dubuque was the fourth most densely populated city in Iowa with a population density of 3.40 persons per acre. Although addition of the 12 proposed annexation territory would lower the population density of the resulting city to 3.26 persons per acre, Dubuque would remain the fourth most densely populated large city in Iowa, even without development of the annexation area. Comparison of Population Density (Persons per Acre) Rank City Population Density 1 Des Moines 198,682 4.09 2 Iowa City 62,220 4.02 3 Ames 50,731 3.67 4 Dubuque 57,686 3.40 5 Cedar Rapids 120,758 2.98 6 Davenport 98,359 2.44 7 Council Bluffs 58,268 2.43 8 Sioux City 85,013 2.42 9 Waterloo 68,747 1.76 AVERAGE Large Cities 88,940 3.02 5) This annexation supports the City's long-range smart growth goals to maintain compact and contiguous development, to accommodate projected residential, commercial and industrial expansion, and to facilitate planned and managed growth on the City's fringe. a) Given the topography, Dubuque can efficiently and cost effectively serve the area. b) As the regional center for medical care, shopping, entertainment, and employment, the City of Dubuque has to plan for these land uses, as well as the residential needs of the community, and must grow geographically to accommodate these diverse land uses. c) Limited to redevelopment on its east side due to the Mississippi River, and challenged by rugged terrain and limited roadway systems on the north and south, the most cost efficient growth area for Dubuque has been and continues to be the west side. 13 d) The City has invested millions to extend water mains, sanitary sewer interceptors, and City streets to the west side, opening up potentially thousands acres of land to meet Dubuque's long-term development needs, with the capacity to serve those needs. Topography The majority of annexation territory naturally drains to Dubuque into the floodplain of the Middle Fork of Catfish Creek. This allows the City to extend gravity sanitary sewer service and reduces the need for more costly pumping stations. Parcels outside the Catfish Creek drainage basin can be served by a pumping or lift station. Implementation of Smart Growth Principles The City of Dubuque has employed smart growth principles in planning and managing the community's growth and development for years. Since 1995, the Dubuque Comprehensive Plan has included goals and objectives that incorporate "smart growth" principles. The proposed annexation is consistent with these "smart growth" principles. Efficient Use of Land To determine the direction for future growth and development, the City analyzed development needs for residential, commercial, industrial and park/open space areas for a 20-year horizon. The City also analyzed the capacity and future distribution needs for municipal water and sewer, as well as the community's transportation network. As a result, the Comprehensive Plan looks at the city as a whole and the surrounding region, with goals and objectives established for physical, economic, and social elements of the community. The Comprehensive Plan includes goals and objectives supporting annexation of land for industrial, commercial and residential development that is readily served by City infrastructure and utilities. As the regional center for medical care, shopping, entertainment, and employment, the City of Dubuque has to plan for these land uses, as well as the residential needs of the community, and must grow geographically to accommodate these diverse land uses. Limited redevelopment on its east side due to the Mississippi River, and challenged by rugged terrain and limited roadway 14 systems on the north and south, the most cost efficient growth areas for the City of Dubuque are on the west side. Mix of Land Uses The momentum for development in the Dubuque area is and has been westward for decades. The annexation territory represents a major growth area for Dubuque, based on demographic trends, development trends, and available services. The City needs to concentrate investments in a westerly direction, to have sufficient land available for development. Awell-implemented plan of smart growth with amixed-use concept requires a lot of contiguous land. Dubuque has facilitated industrial growth with the creation of industrial parks on the south and west sides of town. The City needs to be able to provide enough land area for residential development in proximity to employment and services. The 2030 Future Land Use Map designates the annexation territory for single family residential development and rural density residential development. This development contiguous with the City of Dubuque and in close proximity to employment centers is an example of smart growth, and also provides needed additional housing for a growing local economy. The 610 vacant developable acres in the annexation territory would create opportunities for new homes and businesses. Available Services The City of Dubuque can provide substantial municipal services and benefits not presently available to the annexation territory within a reasonable time. Dubuque has the fiscal and physical capacity to serve development in the annexation territory in the most cost efficient and cost effective manner, with some of the lowest municipal service costs in Iowa. Water and sanitary sewer services are available to serve the annexation area. The City's Capital Improvement Program has adequate funds available for extension of sanitary sewer and water to serve this area. In addition, the City has adequate capacity at the Water Treatment Plant and the Water Pollution Control Plant to handle development of the annexation territory. 15 The Dubuque Community School District completed construction of a new middle school in 2005 and a new elementary school in 2007 to service the growing west end population of the city. It was important for the School District that the school campus was served by the City of Dubuque for emergency services and utilities. Carver Elementary School and Roosevelt Middle School are located within 10,000 feet of the proposed annexation area. Expansion Management Magazine ranked Dubuque Community Schools #7 out of 2,200 school districts nationwide. Avoiding Urban Sprawl & Creating a Sustainable Community Since 1995, the Dubuque Comprehensive Plan has included objectives to encourage City-County cooperation, develop policies that enhance development of fringe areas, and avoid unregulated sprawl. The 2008 Dubuque Comprehensive Plan continues to underline the importance of smart growth development and its role in making Dubuque a sustainable community. In 2006, the Dubuque City Council identified becoming a designated Green Community as one of their top goals. Efforts to accomplish that goal began in 2007 when Dubuque was selected as one of seven communities from across the country to participate in the American Institute of Architects Sustainable Design Assessment Team (SDAT) process. Community members worked with national volunteer consultants to identify ways Dubuque can become a more participative, prosperous and responsible community. Their summary experience and vision for Dubuque was "A green, livable, thriving, integrated community that goes from good sustainability practices to great ones as a model for other cities." Taking up that challenge, the City of Dubuque formed the Sustainable City Task Force in 2007, with representatives from local government, schools, utility companies, religious organizations, neighborhood associations, youth organizations, non-profits, environmental organizations and business stakeholders. The City of Dubuque is working with these community stakeholders to develop a vision for "Sustainable Dubuque." This community vision will be based upon the interactive objectives of economic prosperity, ecological integrity and social/cultural equity. The City of Dubuque will develop a strategic plan to achieve the elements of a sustainable community vision. 16 Downtown Revitalization In addition to extending City service for new industrial parks and planning for development of the urban fringe, the City of Dubuque has continued and strengthened its commitment to funding and partnerships for downtown revitalization. Dubuque is a long-standing, award-winning Main Street Community working in partnership with the Iowa Main Street Office and Dubuque Main Street. In 2002, the City Council adopted the Port of Dubuque Master Plan - an implementation strategy for the downtown riverfront. In 2004, the City Council adopted the Downtown Dubuque Master Plan, a strategic plan for the central business district and contiguous residential neighborhoods and industrial districts. The Iowa Department of Economic Development helped fund the Downtown Master Plan to serve as a model for other cities in Iowa. Establishing partnerships continues to play a key role in moving forward with many of the City's long-range plans. The best example of this -the America's River project at the Port of Dubuque -has been an amazing success. The pairing of public and private investment dollars has changed the face of Dubuque's riverfront. Through $188 million in public and private investment, Vision Iowa dollars, and local, state and federal dollar, Phase 1 of America's River project has moved from dream to reality. Phase 2 of the America's River Project, another $200 million in public and private investment, is well underway. Partnerships and City investments have been key in the revitalization of Downtown. Since 2000, the following investment has occurred in Downtown (including the Port of Dubuque): Fagade Building New Real Estate Public Net New Renovation Rehabilitation Construction Sales Improvements Jobs $7, 704, 291 62% since 2000 $89,180, 368 $160, 088, 905 $101, 535,115 $45, 348, 079 +2, 266 62% since 2000 88% since 55% since 2000 2000 17 84% since 55% since 2000 2000 6) Dubuque has the fiscal capability to provide substantial municipal services to the annexation territory cost effectively. The City of Dubuque exemplifies fiscal responsibility. Despite the strain of outside influences on the City budget, the City Council has acted proactively to invest in Dubuque's future through neighborhood reinvestment, downtown redevelopment, riverfront development, creation of industrial parks, community beautification, and utility modernization and extensions. Dubuque has proactively invested in the community to diversify the economy, increase the use of federal and state grants, diversify the revenue base, increase public/private partnerships, and reduce property tax supported debt. The statutory debt capacity of a city cannot exceed 5% of the actual assessed valuation of taxable property in the city. The total assessed valuation of property in Dubuque as of January 2007 was $3,272,412,812 so the legal debt limit for June 2009 is $163,620,641. Less outstanding General Obligation debt of $45,450,163-- the available legal debt limit of Dubuque is $118,170,478. How does Dubuque compare with other cities for legal debt limit? The chart below provides a comparison for FY09, the latest year that figures were available. Comparison of Legal Debt Limit for Iowa's Largest Cities - FY09 Rank City Legal Debt Limit Percentage of legal (5%) debt limit utilized 10 Des Moines 9 Davenport 8 Cedar Rapids 6 Sioux City 7 W. Des Moines 5 Waterloo 4 Dubuque 3 Iowa City 2 Council Bluffs 1 Ames Average w/o Dubuque 535,402,355 263,977,950 424, 594,176 179, 031, 654 284, 667, 391 172, 800, 804 163, 620, 641 213, 360,153 221,448,807 160, 781, 882 71.00% 63.00% 58:70% 57.40% 52.00% 47.08% 46.62% 41.00% 39.05% 29.85% 51.01 18 Dubuque is the fourth lowest of the ten largest cities in the state for percent of debt limit utilized. The highest ranked city (Des Moines) is 52% higher than Dubuque's percentage, and the average is 9.46% higher than Dubuque. How does the City of Dubuque compare with the other large cities in Iowa in property tax rates? Tax Rate Comparison for Iowa's Ten Largest Cities - FY09 Rank City Tax Rate 10 Sioux City $18.71 9 Waterloo $18.37 8 Council Bluffs $18.08 7 Iowa City $17.72 6 Des Moines* $17.18 5 Davenport $15.58 4 Cedar Rapids $15.07 3 West Des Moines* $12.38 2 Ames $11.06 1 Dubuque $9.97 Average w/o Dubuque $16.02 Dubuque has the lowest property tax rate of the ten largest cities in Iowa. The highest ranked city (Sioux City) is 88% higher than Dubuque's rate, and the average is 61 higher than Dubuque. To insure funding is being spent in the most efficient manner, the entire City budget is examined and evaluated. Every opportunity to reduce expense and increase revenue is considered. Dubuque's budget carefully balances the need for quality, dependable City services with the obligation to be fiscally responsible. The City of Dubuque has some of the lowest costs for municipal services among large cities in Iowa. The following series of charts shows how Dubuque compares to these other major urban communities. 19 Refuse Rate Comparison for Ten Largest Cities - FY09 Rank City 10 Ames 9 Council Bluffs 8 Iowa City 7 Cedar Rapids 6 Sioux City 5 Waterloo 4 Des Moines 3 Davenport 2 West Des Moines 1 Dubuque Average w/o Dubuque Monthly Rate Pay As You Throw $21.50 No -Private Service $16.00 Yes $14.50 Yes $13.96 Yes $13.13 Yes $12.72 Yes $12.00 No $11.40 Yes $11.10 Yes $10.35 Yes $14.03 Dubuque has the lowest monthly refuse rate among the ten largest cities. The highest ranked city (Ames) is 108% higher than Dubuque's rate, and the average is 36% higher than Dubuque. Water Rate Comparison for Largest Cities in Iowa with Water Softening- FY09 Rank City Water Rate 7 Iowa City $27.34 6 West Des Moines $22.48 5 Ames $18.42 4 Cedar Rapids $17.78 3 Council Bluffs $17.44 2 Des Moines $17.06 1 Dubuque $16.48 Average w/o Dubuque $20.09 * Average 800 cu. ft. residence. "* Based on 1,000 gallon increments, 133.69 cu. ft. per 1,000 gallons. Dubuque has the lowest water costs for the average homeowner among the seven largest cities with water softening. The highest ranked city (Iowa City) is 66% higher than Dubuque's rate, and the average is 21.89% higher than Dubuque. 20 Stormwater Rate Comparison for Iowa Cities with Stormwater Utilities- FY09 Rank City Stormwater Rate 19 18 77 16 15 15 14 13 13 13 13 12 11 10 9 8 8 8 8 7 6 5 4 3 2 1 Des Moines $6.43 Forest City $5.00 Dubuque $4.00 Windsor Heights $3.50 Cedar Rapids $3.35 West Des Moines $3.25 Ackley $3.08 Cedar Falls $3.00 Carroll $3.00 Sac City $3.00 State Center $3.00 Garner $2.63 Ames $2.60 DeWitt $2.50 Marshalltown $2.16 Burlington $2.00 Iowa City $2.00 Perry $2.00 Bettendorf $2.00 Boone $1.95 Sioux City $1.84 Clear Lake $1.79 Mason City $1.75 Davenport $1.60 Marengo $1.50 Hiawatha $1.00 Average w/o Dubuque $2.64 Rates are the average monthly fee fo r homeowners. The highest ranked city (Des Moines) is 60.7% higher than Dubuque's rate, and the average is 34% lower than Dubuque. 21 Sewer Rate Comparison for Ten Largest Cities - FY09 Rank City Sewer Rate 10 Iowa City $36.08 9 Sioux City $27.04 8 Des Moines $26.78 7 West Des Moines $24.50 6 Davenport $20.63 5 Ames $19.99 4 Waterloo $18.95 3 Dubuque $18.05 2 Council Bluffs $17.20 1 Cedar Rapids $16.91 Average w/o Dubuque $23.12 Dubuque has the third lowest sewer costs for the average homeowner among the ten largest cities. The highest ranked city (Iowa City) is 100% higher than Dubuque's rate, and the average is 28.1 % higher than Dubuque. 7) In recent years, Dubuque has garnered local, state, and national recognition for its accomplishments. The following are civic awards given to the City of Dubuque: • In 2003, Dubuque was listed as one of six cities designated as American City and County magazine's 2003 Crown Communities. • Dubuque was designated as a Preserve America Community in 2004. • In 2005, the National Trust for Historic Preservation selected Dubuque as one of a Dozen Distinctive Destinations. • In 2006, Dubuque was presented the Urban Pioneer award in celebration of its 20tH anniversary for establishing one of the first pilot Urban Main Street programs in the country. • The Iowa Great Places Citizen Advisory Board named Dubuque a 2006 Iowa Great Place. • In 2007, the City of Dubuque was recognized as an All-America City. The All-America City award recognizes communities whose citizens work together to identify and tackle 22 community-wide challenges and achieve uncommon results. Awarded by the National Civic League, it is the nation's most prestigious and oldest civic recognition program. • Dubuque was named the "Most Livable" Small City in the United States as part of the U.S. Conference of Mayors 2008 Livability Awards Program. This award recognizes mayoral leadership for developing and implementing programs that improve the quality of life in America's cities. The job creation and unemployment numbers show that Dubuque is holding steady in a very volatile economic climate. The Dubuque business community efforts are not going unnoticed. • In 2001, the Greater Dubuque area was listed in the "Metro Business Retention Index" as second in the nation for business retention for the nation's 324 metro areas. Also, the Greater Dubuque area was ranked first by the Milken Institute for their "Top 50 Metros/High Tech Output Growth 1997-2002." • In 2003, Forbes Magazine ranked Dubuque #13 out of 168 cities for the cost of doing business. • In 2004, Dubuque was named as one of the Expansion Management magazine's 55 star communities. • In 2007, Dubuque was ranked 18th in the nation in Forbe's magazine's annual "Best Small Places for Business and Careers." • A 2004 study by the Milken Institute showed one-year wage growth in Dubuque outpaced 75% of all U.S. smaller metros. • A study by Economy.com shows Dubuque's personal income rate for 2004 grew at its fastest rate in nearly a decade, up 35% from the previous year. • Inc. Magazine ranked Dubuque #62 out of 274 metros measured on its list of "Best Cities to Do Business in America" in its May 2005 issue. • According to Economy.com, a division of Moody's, Dubuque ranked 22nd for its job growth rate between 2005 and October 2006 among 387 U.S. cities. Dubuque is the only Midwest city and one of just six cold-weather cities in the top 25. The next closest city was Des Moines which was ranked 115tH • From 1990-1998 the City of Dubuque averaged 350,000 square feet of non-residential construction each year. In the five-year period from 1999-2003, the City of Dubuque averaged nearly 1 million (988,203) square feet of non-residential construction each year. From 1999-2007 the city averaged over nine-hundred thousand (932,148) square feet of non-residential construction per year. 23 • There has been 8,389,331 square feet of non-residential construction in the fast 9 years. The tofal communify taxable valuation has increased from $973,733,675 to $2,027,227,349 over the last 18 years. 8) The City of Dubuque has the physical capacity to provide substantial municipal services and benefits not presently available to the annexation territory, within a reasonable time in the most cost efficient and cost effective manner. The annexation territory presently receives police protection from the Dubuque County Sheriff's Department. Fire protection is provided by the Asbury and Centralia/Peosta volunteer fire departments. Roadway maintenance and snow and ice control on Middle Road is provided by Dubuque County. Private streets are maintained by a property owners association. Refuse collection is provided by private companies. Property owners also burn trash and use the metro area landfill. All properties are served by individual private wells and septic systems. The land in the annexation territory predominantly is zoned agricultural orsingle-family residential in the county. Upon annexation, the territory will be provided with Dubuque's municipal services. Although all City departments will provide services, it was determined that the annexation will not necessarily impact all departments through a direct increase in costs or revenues. These departments include: Finance, Library, Planning Services, Health Services, Building Services, Human Rights, Personnel, Housing and Community Development, Information Services, Cable N, Leisure Services (Civic Center Division), and City Manager's Office. This is not to say that costs or revenues would not increase for these departments, but these increases may not be directly dependent on area or population served. Some of the services provided by these departments are totally or partially self-supporting through user fees. City departments that have costs that are most affected by increased population or geographic area served include: Police, Fire, Public Works, Engineering, Water, Water Pollution Control, and Leisure Services (Park and Recreation Divisions). Many of the 24 services provided by these departments are totally or partially self-supporting through user fees. The cost and adequacy of existing services and facilities provided by the City of Dubuque within its corporate limits, and the capacity to serve the annexation territory are described below. Police Protection The City of Dubuque has afull-time Police Department, which provides traffic safety, canine unit, crime prevention, and crime investigation services for the community. The Department is an accredited law enforcement agency. Accreditation is a voluntary program with the Commission on Accreditation of Law Enforcement Agencies. It represents the Dubuque Police Department's ongoing commitment to continue the quest for professional excellence by meeting and exceeding the mandatory standards for professional law enforcement. The Dubuque Police Department and the Dubuque County Sheriff's Department share office space and other resources in the Dubuque Law Enforcement Center in Downtown Dubuque. The Center includes the County jail run by the Sheriffs Department, and the Emergency Communications Center run by the City of Dubuque. The ECC provides dispatch for 911 calls. The Police Department participates in the Dubuque County Drug Task Force and the Crime-Free Multifamily Housing Program for landlords. The Police Department is also involved in the Jail Diversion Program for persons with mental health and substance abuse disorders, and the citywide Threat Assessment Team for terrorist threats. Community Oriented Policing has become a mainstay to police operations in older city neighborhoods. The Department continues to partner with Dubuque Community Schools in providing School Resource Officers for all grade levels. Additionally, the Police Department presents the DARE (Drug Abuse Resistance Education) program in the local schools, and conducts a Citizen Police Academy and a Youth Academy each year. The cost of providing adequate police protection is the result of a combination of geographic area and population served. As population densities increase, the cost per 25 call is also likely to increase due to the nature of service calls which require greater interaction with people in need. Conversely, a population that has a higher density allows for a more rapid response time. Within the annexation area, development will be mostly residential. The impact on response times is mixed because of a larger geographic area served, but a lower density of population which may not have the same demands. Upon annexation, Dubuque's police protection services will be extended to the annexation territory within the current budget. The Police Department's response times will be at least comparable to, if not better than the current response times of the Dubuque County Sheriff s Department for this area. The completion of Chavenelle Road easterly through the Dubuque Industrial Center West in 2006 will help to improve these response times by connecting Seippel Road and the Northwest Arterial (Iowa 32). The City has planned for the extension of police protection to the annexation territory. The Police Department will incorporate the annexation territory into its existing beat territories upon annexation. As the area develops, the Police Department will evaluate whether restructuring existing beat territories or addition of a new beat territory will best serve the area based on an analysis of response times. Beginning April 2008, the Police Department received City Council approval to add 15 new police officer positions over the next five years. Of these new positions, five are dedicated to the expansion of a new territory due to annexation. The addition of a new patrol territory is scheduled to occur during the FY2010 budget year. The City of Dubuque has the financial capacity and bonding capability to budget for additional operating and capital costs to extend police protection to the annexation territory. Fire and Emergency Services The City of Dubuque has afull-time Fire Department, which provides fire prevention, fire suppression, hazardous materials, ambulance, paramedic and emergency first responder services for the city and for other communities through mutual aid agreements. The City has six fire stations and 18 vehicles. In FY08, the Fire Department responded to 3,179 emergency ambulance calls, 350 full response fire calls, 42 26 hazardous condition calls (gas leak, hazmat response, hazardous condition), 875 other types of call (smoke detector, clean-up, citizen complaints, etc.) - a total of 4,446 calls. The Dubuque Fire Department provides the training, equipment and specialized vehicle for hazardous material response in Dubuque County. The Dubuque Fire Department is also a funding partner in the Dubuque County Firefighters Regional Emergency Responder Training Center located south of the annexation territory on Seippel Road. The Fire Department has mutual aid agreements with all 12 volunteer fire departments in Dubuque County. The Dubuque Fire Department has a Class III rating from the Insurance Service Organization (ISO), which establishes insurance rates for residential, commercial, institutional and industrial uses nationwide. The ISO Class III rating places Dubuque in the top 5% in the country. No fire department in the State of Iowa has a higher ISO rating than Dubuque. The annexation area currently is served by the Asbury and Centrailia/Peosta volunteer fire departments that have a mutual aid agreement with the Dubuque Fire Department for fire suppression, hazardous materials, ambulance, paramedic and emergency first responder services. The Dubuque Fire Department's emergency response staff is a constant "24-7" operation, with trained personnel available round the clock every day. A career fire department like Dubuque's is able to avoid any difficulties a volunteer fire department may have in mustering firefighters and paramedics. The cost to the Fire Department and its ability to maintain an adequate response time for emergencies is dependent on a combination of geographic area, the nature of land use, and population served. The annexation territory is predominantly vacant with structures scattered throughout. Within the city, new commercial and industrial developments are required to have fire suppression systems depending on size of the structure and the type of occupancy. Depending on the nature and timing of development, and the distances from the nearest 27 fire station, it was felt that an additional or relocated fire station may be likely in the future. Like police protection, a community must be able to immediately provide adequate fire protection and ambulance service upon annexation. Once again, it is noted that within the annexation area, development will be mostly residential. The impact on response time is mixed because of a larger area served and a lower density of population resulting in greater distances traveled to respond to an emergency. Upon annexation, Dubuque's fire protection services will be extended to the annexation territory within the current budget. The Fire Department's response times for fire and emergency services will be at least comparable to, if not better than the response times of the services provided to this area now. The completion of Chavenelle Road easterly through the Dubuque Industrial Center West in 2006 will help to improve these response times by connecting Seippel Road and the Northwest Arterial (Iowa 32). The Dubuque Fire Department relies on fire flow capabilities from the City's municipal water system, which will be extended to the entire annexation area. The Fire Department will rely on water carried by the City's fire trucks and the provision of tanker trucks by the mutual aid volunteer fire departments as backup. The Dubuque Fire Department carries 1,800 gallons for an initial response in non-tanker fire apparatus. Most house fires use 100-500 gallons if one or two rooms are involved, and more if the entire house is on fire. The mutual aid volunteer fire departments on occasion use City of Dubuque water from hydrants at the city borders to fill their tankers to fight fires in their service areas. The City anticipates that the current mutual aid agreements with the surrounding volunteer fire departments will continue after annexation. The Fire Department has been planning for fire and paramedic response and fire company districts to reflect demographic and development trends. This includes planning for fire protection and emergency services to the annexation area. The City has identified that an additional or relocated fire station may be needed in the future as the 28 community develops to the west. The City has completed a study to determine how to best serve the annexation territory. The study assessed and evaluated redistricting, relocation or addition of City fire stations to serve the annexation area. It looked at current fire districts and the anticipated growth over time as new areas develop. The current plan for annexation will provide response times at least comparable to, if not better than, what are currently provided to that area. As this area develops, the response times will likely significantly improve. The results of this study showed the need for additional firefighters as these areas are developed. This will include a new fire station and/or relocation of an existing station(s). Additional staffing at existing stations is another possibility. The Fire Department will respond from fire station on John F. Kennedy Road. Ambulance response will be from the University Avenue station until an ambulance is added to the JFK station. The City is purchasing a site for a new fire station in the Dubuque Industrial Center at Chavenelle Road and the Northwest Arterial. This new station will serve the west side annexation area. The City of Dubuque has the financial capacity and bonding capability to budget for additional operating and capital costs to extend fire and emergency services to the annexation territory. Street Reconstruction Program Reconstruction and maintenance of the City street system continues to be a top priority for the Engineering Department, with nearly $2.9 million budgeted in FY09 and over $3.3 million budgeted in FY10 for street improvements. The Engineering Department has 9 street construction projects currently being designed or currently under construction in FY09, and 8 street projects planned for FY10. The Engineering Department also has 2 bridge reconstruction projects planned in the next 5 years. Dubuque County has no plans to upgrade Middle Road, a secondary County road in the annexation area. With the approval of the annexation, the City of Dubuque will be in a position to assume jurisdiction from Dubuque County for the portion of Middle Road that lies in the annexation territory. Middle Road then will be evaluated as part of the street 29 reconstruction program in the City's five-year Capital Improvement Program. This will enable the City to plan for improvements based on the present road conditions, the timeframe of development along the road, and the availability of sufficient funds for the projects. The City has the financial capacity to initiate and complete these improvements. The City of Dubuque also has the financial capacity and bonding capability to budget for future street reconstruction in the annexation territory. Street Maintenance Program The Public Works Department's street maintenance program includes street maintenance, street sweeping, snow plowing and deicing, street and traffic light maintenance, and street signs and markings. The Department completes a street maintenance rating program each year to identify problem areas and help prioritize the City's street maintenance and reconstruction programs. The City owns an asphalt paver and does asphalt overlays with City crews. Since 1993, 128.2 miles of streets have been paved through this program. This equals 42% of Dubuque's total street mileage. All 307 miles of Dubuque's public streets are paved. All private streets also are paved. The City and the County have a mutual aid agreement to remove snow from each other's roads in the fringe areas adjoining the city limits, and that agreement will be evaluated for the annexation territory to maintain the current level of service. The Public Works Department currently removes snow on Pennsylvania Avenue from Radford Road to Seippel Road. Estimating the impact of annexation on the Public Works Department budget is difficult as many of the activities covered by the Department rely upon known quantities of existing infrastructure such as miles of streets. There are 2.7 miles of streets in the annexation territory currently split between three jurisdictions: The City of Dubuque, the City of Asbury and Dubuque County. Upon annexation, Dubuque's street maintenance services will be extended to the annexation territory within the current budget. Immediate costs for the Public Works Department would result from the road maintenance responsibility to the centerline of adjoining 30 Middle Road. Private interests are wholly responsible for internal private roads: Whistlewind Lane, Sandwedge Drive, Sandwedge Court and Dreamway Drive. Upon annexation, some or all portions of the roadways will become the responsibility of the City of Dubuque, although mutual aid agreements between the three jurisdictions likely will be adjusted. The street maintenance program is affected greatly by the geographic area served and density of development. Although roads will have an impact on the City budget as the area is built up over time, all streets will not be built immediately following annexation. Finally, new streets require minimal maintenance. A portion of the Pubic Works Department budget is supported by Road Use Tax Funds while additional funds come from the City's General Fund (property taxes). It is assumed that as the area develops and population increases, the combination of increased population and taxable values will generate the necessary revenue to meet the needs of the Department. Solid Waste Management The Public Works Department coordinates solid waste management activities for the City of Dubuque and operates the sanitary landfill on the city's west side under contract with the Dubuque Metropolitan Area Solid Waste Agency (DMASWA). The Landfill serves communities in Dubuque and Delaware Counties. The City provides refuse collection, curbside recycling, large item collection, and seasonal yard waste collection for single-family and multi-family households and small businesses in the Dubuque city limits. The Public Works Department also provides refuse and recyclables collection for City departments. In FY03, the City successfully implemented the State-mandated unit-based pricing refuse collection system, known as "Pay As You Throw" (PAYT). The City also expanded the acceptable materials list for refuse collection to include construction and demolition materials. Large item collection has been expanded to a year-round service with a $7.00 minimum fee. Food scrap collection ($0.50/mo) is also available seasonally with Yard Debris collection. The Public Works Department has distributed over 20,000 31 additional recycling bins at no charge to increase diversion to recycling. As a result of these changes to a "Resource Management" paradigm, the City's collection programs have achieved a diversion rate of over 40% of previously landfilled materials along with the lowest customer monthly refuse/recycling fee among the 10 largest cities in Iowa ($10.35/mo). Dubuque's comprehensive collection service was awarded the 2006 Iowa Society of Solid Waste Operations Outstanding Program Award in Curbside Collection. DMASWA ensures the proper landfilling of municipal solid waste, composts yard waste, recycles appliances and electronics, supports residential and commercial recycling, and maintains the Household Hazardous Materials Regional Collection Center. The Center serves households, small businesses and institutions, enabling the diversion and proper disposal of household hazardous materials. Upon annexation, the City of Dubuque's solid waste management services will be extended to the annexation territory within the current budget. The Public Works Department does not anticipate a significant immediate impact on the solid waste collection activities by the annexation being considered, due principally to the few residences involved. The Department will incorporate the annexation territory into its existing solid waste collection routes upon annexation. As the area develops, the Department will evaluate whether restructuring existing routes will best serve the area based on an analysis of service times. The refuse monthly base rate is $10.35 per single family dwelling, or $124.20 annually. The maximum weight for the base fee container and contents is 40 pounds. The maximum size of the base fee container is 35 gallons. The base monthly fee of $10.35 covers the cost of the weekly collection of one 35-gallon rigid container or one 35-gallon trash bag and all recycling bins. Single and multi-family households and small businesses voluntarily participate in separating recyclables from normal refuse. Recycling bins are provided free. The City's solid waste management services are user driven and self-supporting. User driven services are paid for directly by those residents that benefit from them. Their increase in demand will have a minimal impact on the ability of the Public Works Department to generate sufficient revenue to cover the cost of the service. 32 Water System The City of Dubuque water system produces and delivers safe, high quality potable water in sufficient quantities and at pressure levels required for fire protection purposes as well as for the domestic and commercial consumption needs of the community. The Eagle Point Water Plant operates at just over 50% capacity. It has a treatment capacity of 17 million gallons daily (MGD) and operates 24 hours a day. It serves an average daily water demand for the city of Dubuque of 8 million gallons daily (MGD) or 138 gallons per person per day (2000 population of 57,686). The treatment facility uses lime to soften the water and sodium hypochlorite (liquid chlorine) to disinfect the drinking water. The City of Dubuque uses chlorination, fluoridation, filtration and softening processes to meet or exceed all federal and state primary drinking water standards. The Eagle Point Water Plant is supplied by five shallow wells and four deep wells, but the shallow wells are used as the primary source since they are more energy efficient. The City's water distribution system has 316 miles of pipe and 17.45 million gallons of storage capacity in 2 storage clear wells, 3 elevated tanks, 3 storage stand pipes, and 1 below ground reservoir, and 6 booster stations. The Water Department must maintain 5 separate distribution systems, or "pressure zones" because of its hills and extremes in elevation. The annexation territory is in the 4th pressure zone. The City has expended over $1 million fora 16" water main along the Northwest Arterial and over $1.225 million for a new water tower to improve the 4th pressure zone. The City's new 1,250,000-gallon elevated water tower on Kennedy Road went on-line in 2003. It ensures proper water pressures and volumes for water service and firefighting for the northwest quadrant of Dubuque, which includes the annexation territory. Map 8 shows the extent of City water service and the areas without access to City water service in Dubuque. The urban core of the community is very well served, with unserved areas generally on the fringe. Of Dubuque's 23,819 housing units, only 49 (0.20%) do 33 not have access to City water service. Ten years ago, 160 homes lacked water access. The City is committed to serving these areas, with an annual budget of approximately $225,000 from the Water Depreciation Fund for water main extensions to these unserved areas. In addition to homes without access to City water, there are households that have chosen not to connect to a City water line when it is available. Since connection to City water is voluntary, service usually is extended to unserved areas if requested by at least 50% of the homeowners. Water mains also may be extended to unserved areas with upgrade of an adjoining system, completion of a looped distribution system, or extension to a newly annexed area. The City water supply has approximately 4 million gallons per day in reserve. This is to support residential, commercial and industrial growth. The City has adequate capacity at the Water Plant to serve the annexation territory now and when fully developed. Water services can be easily extended to serve the rest of the area. The total estimated cost to extend water service to the west end annexation area is $1,235,000. This cost is comprised of 6 project segments of 16" and 12" water main extensions. The projected front footage connection fees to be collected from these six extensions would be $122,980. The City has budgeted sufficient funds to complete the water extensions by the end of calendar year 2013. The City of Dubuque has adequate funds budgeted in the five-year Capital Improvement Program in the water main extension programs to provide municipal water service to this area in acost-effective manner: • $225,000 annually from the Water Depreciation Fund for water main extensions to recently annexed areas. • $655,000 in FY2009 and 62,000 in FY2010, 595,000 in FY2011, 555,000 in FY2013 from the Water Construction Fund for extensions in annexed areas. • $1,600,000 in FY2011-2013 from the Water Construction Fund for the construction of a water tower in support of growth to the water system. 34 Front footage connection fees are funds that are collected and identified as revenues in the Water Department's operations. These funds are collected at such time as the user connects to the water system. This may occur immediately or it may take several years. The City budgets an annual revenue income of $45,000 from these fees. This revenue source equals approximately the same as a 1 % rate increase. The current connection charge for a water main is $11.00 per lineal foot of street frontage. The property owner is also responsible for the cost and the installation of the private service connector from the City main to the home or building. The projected average residential water bill is $17.63 per month, or $211.56 per year. The City's water system is an enterprise fund, and operates as aself-supporting entity with revenues from user fees. Water fees from the anticipated development in the annexation area will provide adequate revenue for operation and maintenance of the water services to be provided. Wastewater System The City of Dubuque's Water Pollution Control Plant employs a pure oxygen activated sludge secondary treatment process that serves the entire community. It operates at 63% of capacity. During FY08 the Plant treated over 10.3 million gallons per day (MGD) or 3760 million gallons for the year. Approximately 6% of the flow was from industrial activity. The facility incinerated 3650 tons (dry weight) of sewage solids, or about 10.0 tons (dry weight) per day. The Water Pollution Control Plant removed an average of 95% of the applied biological oxygen demand (BOD) in FY08. About 40% of the BOD was related to industrial activity. BOD is a measure of the amount of oxygen used in the bio-decomposition of sewage. The Plant also removed an average of 95% of the total suspended solids (TSS) in FY08. Industrial activity accounted for approximately 15% of TSS. The City is required by law to remove 85% of the BOD and TSS. The Water Pollution Control Plant's Laboratory is certified under USEPA/IDNR Certification Rules for Water and Wastewater parameters. 35 The City has adequate capacity at the Water Pollution Control Plant to serve the annexation territory now and when fully developed. The Plant's hydraulic capacity is 32 MGD and the organic capacity is 24,400 lbs. of BOD and 24,400 lbs. of TSS. The treatment facility has a design BOD load of 24,400 Ib/day, with a population equivalent of 144,000. The design ADW (average dry weather) flow rate at the facility is 13.39 MGD, while the design AWW (average wet weather) flow rate is 17.32 MGD. The Plant's discharge is into the Mississippi River. The City sanitary sewer system is comprised of over 320 miles of pipe. The City maintains 12 lift stations to pump sewage through force mains into the gravity sewer system in the Catfish Creek drainage basin. Map 9 shows the extent of City sewer service and the areas without access to City sewer service in Dubuque. The urban core of the community is very well served, with unserved areas generally on the fringe. Less than 0.5% of Dubuque's 24,000 housing units do not have access to City sanitary sewer service. Ten years ago, the City identified 277 homes that did not have sewer available. To date, the City has completed 25 construction projects to serve 180 of the homes. The current five year Capital Improvement Program Budget includes over $1,000,000 for an additional 8 project to provide service to 75 of the homes. Sanitary sewer service is adjacent to some of the annexation properties and can be easily extended to serve the rest of the area. Additionally, the majority of this area naturally drains to Dubuque. This allows the City to extend gravity sanitary sewer service and reduces the need for more costly pumping stations. The City has budgeted sufficient funds to complete the sewer extensions to serve the annexed areas when necessary. The total estimated cost to extend sanitary sewer service to the annexation area is $3,222,000. This cost is comprised of 3 project segments of 12 and 18-inch sewer collectors. The City of Dubuque has adequate funds budgeted in the Sanitary Sewer Construction Fund to serve the annexation territory in acost-effective manner: • $1,255,000 in the current budget for annexation areas; 36 • $3,046,000 in the FY09 to FY13 five year Capital Improvement Program Budget for annexation areas; • $390,000 in the current budget for sewer extensions to new developments or recently annexed areas; and • $713,685 in FY11 and $726,000 in FY12 for sanitary sewer extensions in annexed areas. Sewer connection fees are funds that are collected and identified as revenues in the Engineering Department's operations. These funds are collected at such time as the user connects to the sewer or water system. This may occur immediately or it may take several years. For the current budget, the City anticipates an estimated $50,000 in sanitary sewer revenue from these fees. The projected sewer connection fees to be collected from the extension associated with the annexation area will total $321,500. The City's wastewater system is an enterprise fund, and operates as aself-supporting entity with revenues from user fees. Sewer fees from the anticipated development in the annexation area will provide adequate revenue for operation and maintenance of the wastewater services to be provided. Impact on Water Plant and Wastewater Plant Capacity The impact of projected water and wastewater use in the annexation territory at full development on the capacity of the City's Eagle Point Water Plant and the Water Pollution Control Plan is minimal. Projected wastewater discharge of the annexation territory at full development system was calculated based on average water consumption for residential, commercial, and industrial businesses. The assumption is that the volume of water use equates to the volume of wastewater discharge. The impact of full development on the capacity of the Water Pollution Control Plant is 3%, leaving a remaining capacity of approximately 62%. 37 The projected usage by land use categories is shown below. Impact of Projected Water and Wastewater Use on Plant Capacity Projected Annual Annual Use - Daily Use - Land Uses Units Usage/Unit Territory Territory Mixed Residential 1, 781 71, 808 127, 889, 895 350, 383 Single Family 61 71,808 4,380,283 12,001 Two Family 198 71,808 14,217,967 38,953 Commercial 33 201,638 6,654,058 18,230 Light Industrial 8 354,327 2,834,617 7,766 Planned Industrial 8 1, 590, 246 12,721, 969 34, 855 Orchard 1 71,808 71,808 197 Total 2,090 2,433,443 168,770,596 462,385 Average Use Capacity in in Capacity Gallons/Day Gallons/Day Used/Day Eagle Point Water Plant 17,000,000 8,000,000 3% Water Pollution Control Plant 13,390,000 10,310,000 3% Sewer Maintenance Dubuque has over 321 miles of sanitary sewer and 6,574 manholes. The Public Works Department's sanitary sewer comprehensive maintenance program systematically cleans sewers and inspects manholes. Dubuque has 119 miles of storm sewer, 4578 catch basins, and 1,802 manholes. The Public Works Department's storm sewer comprehensive maintenance program 38 systematically cleans and inspects Dubuque's storm sewer system and major storm water ditches. Upon annexation, Dubuque's sewer maintenance services will be extended to the annexation territory concurrent with development needs. Immediate costs for the Pubic Works Department for sewer maintenance will be minimal since there are no sewers in the annexation territory now. The sanitary and storm sewer maintenance programs are affected greatly by the geographic area served and density of development. Although they will have an impact on the City budget as the area is built up over time, all sewers will not be built immediately following annexation. Finally, new sewers require minimal maintenance. It is assumed that as the area develops and population increases, the combination of increased population and taxable values will generate the necessary revenue to meet the needs of the Public Works Department. Park and Recreation System The Dubuque City Council has realized the importance of the municipal park and recreation system to neighborhoods and to the community. Dubuque's park and recreation system includes 26 mini parks totaling 34.18 acres, 6 neighborhood parks totaling 43 acres, and 15 community parks totaling 821 acres, within the city limits. The Mines of Spain State Recreation Area, with 1,300 acres, is directly adjacent to the City's southern border and operated by the Iowa Department of Natural Resources. Additional elements of Dubuque's park system include: ^ 18-mile Heritage Trail RiverFront System of on-street and off-road bike/hike trails ^ Two outdoor public swimming pools with water playgrounds, water slides, zero depth beach pools, and diving boards ^ An 18-hole golf course ^ Two boat ramps on the Mississippi River ^ A riverfront campground that accommodates both tent and RV camping ^ Arboretum and Botanical Gardens ^ Indoor ice rink at the Five Flags Civic Center 39 ^ Outdoor skate park for in-line skaters and skateboarders ^ Disc golf course ^ Outdoor ice hockey/in-line hockey rink ^ Softball Complex ^ Wetlands with trail and fishing pier The America's River project is perhaps the most significant new recreational amenity for the City. Municipal venues open to the public include the Mississippi Riverwalk Recreational Trail, the River's Edge Plaza, and an outdoor amphitheater at the historic Dubuque Star Brewery. A major recreation component of the America's River project is the National Mississippi River Museum and Aquarium, which includes: an interpretive center for the Upper Mississippi River Fish and Wildlife Refuge, a constructed wetlands, a "Boat and Breakfast" in an historic steamboat, a river history museum in an historic railroad freight house, and the City's remaining railroad depot. Other components of the America's River project include the Grand Harbor Resort and Waterpark and the Grand River Center, a conference and education center. Recreational facilities at local schools also supplement the City's park and recreation system. Dubuque has a total of 13 public and 5 parochial school playgrounds that help supplement existing park and recreation areas. In addition, the City cooperates with the public and private school systems for the use of school gyms for recreation programs. In addition, the three local colleges provide many recreational opportunities for students who attend them. These include ball courts, ball fields, swimming pools, track facilities and weight rooms. The City of Dubuque offers a variety of recreational programs throughout the year for people of all ages. These include preschool programs, summer playground programs, open gyms at elementary schools in the fall and winter months, lessons in a variety of sports during the summer, therapeutic and special needs programs, recreation classes, and special events. These programs are open to City residents for a fee. The City subsidizes program fees for low to moderate income residents. Non-residents pay a higher fee to use certain City recreational facilities and programs. Upon annexation, residents of the 40 annexation ten-itory would be able to access the City's park and recreation system at the lower fees. The annexation territory is served by the Bergfeld Recreation Area, a 30-acre community park owned by the City and located along Seippel Road in the Dubuque Industrial Center West. Consistent with the City's long range planning, additional park land will be incorporated in residential subdivisions as the annexation area develops. Conclusion Iowa Code Section 368.6 mandates a presumption of validity for voluntary annexation proceedings. This annexation represents the desire of owners to 97% of the land in the annexation territory to voluntarily annex to the City of Dubuque. Dubuque has the fiscal and physical capabilities to serve this area. Dubuque has invested millions in infrastructure to extend services for development of the west side. This annexation is in the public interest and Dubuque respectfully requests that it be approved. 41