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Voluntary Annexation Request -John and Diane Brehm (property owners) and Seippel Warehouse LLC (applicant and future property owner)_HearingCity of Dubuque City Council Meeting Public Hearings # 01. Copyrighted April 17, 2023 ITEM TITLE: Voluntary Annexation Request -John and Diane Brehm (property owners) and Seippel Warehouse LLC (applicant and future property owner) SUMMARY: Proof of Publication on notice of public hearing to consider approving an application for voluntary annexation of territory to the City of Dubuque, Iowa and City Manager recommending approval. RESOLUTION Approving an Application for Voluntary Annexation of Territory to the City of Dubuque, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description MVM Memo Staff Memo Staff Report Application Exhibit A - Annexation Map Exhibit B - Vicinity Map Exhibit C - Annexation Legal Resolution Proof of Publication Type City Manager Memo Staff Memo Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Resolutions Supporting Documentation THE CITY OF Dubuque DUB TEE1. All -America City Masterpiece on the Mississippi � pp zoo�•*o 13 zoi720zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Voluntary Annexation Request - John and Diane Brehm (property owners) and Seippel Warehouse LLC (applicant and future property owner) DATE: April 11, 2023 John and Diane Brehm (property owners) and Seippel Warehouse LLC (applicant and future owner) have submitted a request to the City for voluntary annexation of approximately 2.804 acres of property. The annexation territory is comprised of agricultural land east of Cottingham Road and west of Dubuque Industrial Center South. The 2.804-acre annexation territory provides a portion of the area for the construction of an industrial warehouse by Seippel Warehouse LLC to be leased to Simmons Pet Food. By Iowa Code, the annexation will be subject to final approval of the State of Iowa's City Development Board because the property is considered to be in an urbanized area since it is within two miles of the City of Asbury. Planning Services Manager Wally Wernimont is recommending City Council adopt a resolution approving an application for voluntary annexation of territory to the City of Dubuque, Iowa. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Wally Wernimont, Planning Services Manager THE CITY OF DUB E Masterpiece on the Mississippi �Py TO: Michael C. Van Milligen, City Manager FROM: Wally Wernimont, Planning Services Manager Dubuque AI!•Ameriea City 2007-2012.2013 2017*2019 SUBJECT: Voluntary Annexation Request - John and Diane Brehm (property owners) and Seippel Warehouse LLC (applicant and future property owner) DATE: April 10, 2023 INTRODUCTION This memorandum transmits a 100% voluntary annexation request for City Council approval after a public hearing. The request is being filed by John and Diane Brehm (property owners) and Seippel Warehouse LLC (applicant and future property owner) for approximately 2.804 acres of property. The resolution, maps, and other supporting documentation are enclosed. DISCUSSION The City received a written application from John and Diane Brehm (property owners) and Seippel Warehouse LLC (applicant and future owner) for voluntary annexation of approximately 2.804 acres of property. The annexation territory is comprised of agricultural land east of Cottingham Road and west of Dubuque Industrial Center South. The 2.804-acre annexation territory provides a portion of the area for the construction of an industrial warehouse by Seippel Warehouse LLC to be leased to Simmons Pet Food. By Iowa Code, the annexation will be subject to final approval of the State of Iowa's City Development Board because the property is considered to be in an urbanized area since it is within two miles of the City of Asbury. RECOMMENDATION I recommend that the City Council approve the annexation request for the reasons described in the enclosed staff report, and summarized below: ■ It is 100% voluntary and in compliance with Iowa Code, ■ It is consistent with the Imagine Dubuque Comprehensive Plan, ■ It is consistent with Iowa Smart Planning Principles, ■ the City of Dubuque has the capacity to provide substantial municipal services to the annexation territory, ■ the future growth and development of the City of Dubuque, Iowa makes it desirable that the annexation territory be made part of the City of Dubuque, Iowa; and ■ the annexation is in the public interest. Enclosures F:\Users\Planning Sec\City Council\00 Voluntary Annexation\Voluntary Annexation - Brehm Acres\Public Hearing Documents\01 Staff memo to MVM - Brehm Acres - Request Annex Approval.docx 2 ANNEXATION STAFF REPORT Council Agenda: April 17, 2023 Property Location: East of Cottingham Road, South of Seippel Road Legal Description: Lot 2 of Brehm Acres Plat 3 Property Owner: John and Dianne Brehm Applicant and future owner: Seippel Warehouse LLC Proposed Land Use: Industrial Existing Land Use: Agricultural Adjacent Land Use: North — Agriculture East — Vacant South —Agriculture, Residential West — Agriculture Flood Plain: N/A City Services Provided: Proposed Zoning: PI — Planned Industrial Existing Zoning: County R-1 Adjacent Zoning: North — County R-1 East — PI South — County R-1 West — County R-1 Total Area: 2.804 acres Water: An existing water main extends from Seippel Road along Cottingham Road to the northern tip of the subject site. Sanitary Sewer: An existing sanitary sewer line located behind the subject property and will be extended to the proposed development. Storm Sewer: Storm sewer is existing along Cottingham Road. Existing Street Access: None. Future Street Access: Access will be provided from Seippel Road and from Simmons Way. Other Services: Police, Fire and Emergency Response. Purpose: The submitted annexation request is to allow for development of an industrial warehouse in the Dubuque Industrial Center South PUD. It will be built by Seippel Warehouse LLC and leased to Simmons Pet Food, whose manufacturing facility is nearby. Property History: The subject property has been used for agricultural purposes. Physical Characteristics: The subject property is in Dubuque Countyjust outside the city of Dubuque limits and is in the process of being annexed. It is 2.804 acres and will be Planned District Staff Report - Dubuque Industrial Center South Page 2 subdivided from the larger parcel it is currently part of, which totals 119.5 acres. It will be separated from the associated farmstead. A minor tributary of the South Fork of Catfish Creek runs approximately 1,000 feet south of the subject property. The newly created lot will be consolidated with the existing lot to the east to allow the construction of a planned warehouse. 124=8 6_ of `- Imagine Dubuque Comprehensive Plan: Industrial Land Use Recommendations • Attract large employment centers with access to infrastructure facilities. Ensure that such development does not disproportionately impact residential areas. • Allow for appropriate expansion of existing industrial parks as identified on the Future Land Use Map. The comprehensive plan notes that expansion within and adjacent to existing industrial development is anticipated. Future Land Use Map: Single -Family Residential (due to being zoned County R-1) Impact of Request on: Utilities: • City water is available in Dubuque Industrial Center South and with additional improvements can be extended to serve development of the subject parcel. • City sanitary sewer is available in Dubuque Industrial Center South and with additional improvements can be extended to serve development of the subject parcel. Planned District Staff Report - Dubuque Industrial Center South Page 3 Storm water will be handled through the storm water management system of drains and pipes, including those which run along Seippel Road and Simmons Way. Natural gas will be provided by a private utility. Traffic Patterns/Counts: The segment of Seippel Road at this location had a daily traffic count of 4,590 vehicles as of 2021. Cottingham Road had a daily traffic count of 420 vehicles in 2017. Public Services: City of Dubuque Fire and Police Departments will serve the subject site. Refuse collection will be provided by private haulers. Environment: Staff anticipates that adverse impact to the environment from future development will be mitigated provided that the property complies with established City standards for storm water management and erosion control. Adiacent Properties: The two adjacent properties are the farm from which this lot is being subdivided and the industrial property to which it will be consolidated. If developed for industrial uses, the Unified Development Code requires the property to be screened from the adjacent residential property. There will be an increase in ambient light levels as the warehouse is developed in the Dubuque Industrial Center South. CIP Investments: None. Staff Analysis: John and Dianne Brehm (property owners) are requesting annexation on behalf of Seippel Warehouse LLC (future owner) of the subject property. The subject lot is in Dubuque County just outside the city of Dubuque limits and is in the process of being rezoned to become part of the Planned Unit Development that defines the Dubuque Industrial Center South. It is 2.804 acres and lies east of Cottingham Road and south of Seippel Road. It will be subdivided from the larger agricultural parcel it is currently part of. The newly created lot will be consolidated with the existing lot to the east to allow the construction of a planned warehouse to serve Simmons Pet Food. The property will be accessed from Seippel Road and Simmons Way. The Comprehensive Plan recommends: • Attracting large employment centers with access to infrastructure facilities. Ensure that such development does not disproportionately impact residential areas. • Allow for appropriate expansion of existing industrial parks as identified on the Future Land Use Map. The Plan also notes that expansion within and adjacent to existing industrial development is anticipated. Planned District Staff Report - Dubuque Industrial Center South Page 4 Adequate city utilities are available in Dubuque Industrial Center South and will be extended to the site for the proposed warehouse project. The Dubuque Industrial Center South Planned Unit Development ordinance contains bulk standards that include requirements for lot area, lot coverage, frontage, building height, and setbacks for front, rear and side yards. These items would be reviewed for compliance during the Site Plan Review process. Prior to any development taking place on the property, the applicant would be required to obtain an approved Site Plan. Site plans are reviewed by all relevant City departments regarding development standards such as access, parking, SUDAS (Statewide Urban Design and Specifications), screening, paving, stormwater management, water connections, sanitary sewer connection, and fire safety. Potential effects on the environment would be reviewed and mitigated through appropriate site design and development. The applicant would also be required to obtain the necessary permits through the Inspection & Construction Services Department prior to any work commencing on e prope Planning staffXeMdZi4i�mcil approval th vo ntary a xation request. Prepared by: Reviewed: Date: 4/10/23 dotloop signature verification: T1 fE CITY OF City of Dubuque DUB E Planning Services Department Dubuque, 52001-4845 Phone: 563-589-4210 Fax: 563-589-4221 Masterpiece on the Mississippi planning@citvofdubuaue.org APPLICATION• Zoning Advisory Zoning Board of Development Services Historic Preservation Commission Commission Adiustment ❑X Annexation ❑ Demolition Review ❑ Amended PUD ❑ Conditional Use Permit ❑ Limited Setback Waiver ❑ Historic Revolving Loan ❑ Rezoning/PUD/ID ❑ Special Exception ❑ Site Plan Simple ❑ Certificate of Economic Non -Viability ❑ Text Amendment ❑ Variance ❑ Site Plan Minor ❑ Design Review Certificate of ❑ Simple Subdivision ❑ Appeal ❑ Site Plan Major Appropriateness ❑ Preliminary Plat ❑ Simple Subdivision ❑ Advisory Design Review (Public ❑ Major Final Plat ❑ Temporary Use Permit Projects) ❑ Minor Final Plat ❑ Port of Dubuque/ ❑ Historic Designation ❑ Waiver from Site Chaplain Schmitt Island Design Standards Design Review applicablePlease complete the A. Property Information Site 12458 Coffingham Road Legal Description/Parcel ID#/subdivision: (See Annexation Exhibit) Portion of Parcel #0936426002 Existing Zoning: County R-1 proposed Zoning: DICS PUD Site Area (square feet/acres): 2.804 acres Historic District: -andmark: ❑ Yes ® No B. Describe proposal and reason for application (attach a letter of explanation, if necessary): To annex property into the City of Dubuque to accomodate an industrial site located in the Dubuque Industrial Center Soutin Planned Uniteve opmen . C. Applicant/Agent Information Name: Seippel Warehouse LLC Address: 900 Jackson Street - Suite 1-1-2 State: IA Zip: 52001 Phone: City: Dubuque Email: randys@gronen.com D. Properly Owner(s) Information Name(s): John & Dianne Brehm Address: 12458 Cottingham Road State: A Zip: 52068 Email: E. Certification: I/we, the undersigned, do hereby certify/acknowledge that: Phone: City: Peosta 1. Payment does not guarantee approval and fees are nonrefundable; 2. All additional required written and graphic materials are attached; 3. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants; and 4. The information submitted herein is true and correct to the bestour knowledge and upon submittal becomes public record. Applicant/Agent: � 4?' V�► 0�/� t�pM S� L L Pv pate: 03/06/23 44e 15PM CST Property Owner(s): wuwr-SEuo-P30T-AXZL Date: FOR OFFICE USE ONLY Fee $ 0 Ck# ❑CC ❑Cash Received by Date RECORDER'S INDEX LOCATION: PART OF LOT 1 IN BREHM ACRES PLAT 2, DUBUGUE COUNTY, IOWA REGUESTOR: JOHN BREHM PROPRIETOR: JOHN A. BREHM AND / DIANNE M. BREHM SURVEYOR: DAVID P. SCHNEIDER SURVEYOR SCHNEIDER LAND SURVEYING / COMPANY: AND PLANNING,INC. ` RETURN TO: DAVID P. SCHNEIDER P.O.BOX 128 FARLEY,IOWA Ph#563-744-3631 daves@yousq.net ANNEXATION PLAT PART OF LOT I IN BREHM ACRES PLAT 2, DUBUGUE COUNTY, IOWA MAT NAIL SET (TYP.) 3 3 Description —Annexation Area: PART OF LOT 1 IN BREHM ACRES PLAT 2, DUBUGUE COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: / / 40 COMMENCING AT THE EAST QUARTER CORNER OF SECTION 36, / TOWNSHIP 89 NORTH, RANGE 1 EAST OF THE 5th P.M., �o•�� o / DUBUGUE COUNTY. IOWA; THENCE S00 '05' 05"E, 394.29 FEET TO ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID Shp o� ro �0 ohs SECTION 36 TO THE CENTERLINE OF COTTINGHAM ROAD AND THE POINT OF BEGINNING; THENCE CONTINUING SOO'05'05"E, 794.63 FEET ALONG SAID EAST LINE; THENCE N66'16'22"W. 100.00 FEET: 2��Qf � ��tirQ.i / THENCE N46'30'2B"W, 193.69 FEET; THENCE N20'i3'45"W, 170.84 FEET TO THE CENTERLINE OF COTTINGHAM ROAD; THENCE N40'16'31"E, 176.53 FEET ALONG SAID CENTERLINE TO THE BEGINNING OF A CENTERLINE CURVE TANGENT TO SAID LINE; THENCE NORTHEASTERLY AND NORTHERLY, 255.77 FEET ALONG THE CURVE / CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 740.82 FEET AND A CENTRAL ANGLE OF 19'46'53"; THENCE N20'30'25"E, / 33.09 FEET ALONG SAID CENTERLINE TO THE BEGINNING OF A CENTERLINE CURVE; THENCE NORTHERLY AND NORTHEASTERLY, 83.73 FEET ALONG SAID CURVE HAVING A RADIUS OF 325.00 FEET, CONCAVE TO THE SOUTHEAST, A CENTRAL ANGLE OF 14'45'38" /� / FEET TO THE POINTTROFWHICH BEGINNING, CONTAIININGBEARS N25*10'E2.8045ACRES, WHICH INCLUDES 0.402 ACRES OF EXISTING PUBLIC ROAD RIGHT OF WAY. LOT 1. BREHM ACRES AQ 1� (t •S �j�0�. / W PLAT 2 �00 0 V `; p \ \ / 6� / w ANNEXATION AREA 2.804 ACRES TOTAL / h / 0.402 ACRES ROAD Al 2.402 ACRES NET N u>. / 36 �- a" 1 \ \ \ / SET 1/2' / REBAR w/ s FOUND 1/2" YELLOW CAP \ Nm REBAR w/ #14417 (TYP.) / r YELLOW CAP \\ sm #14417 (TYP.) F m \ � c C TOTAL AREA 2.804 ACRES TOTAL 0.402 ACRES ROAD 2.402 ACRES NET PLAT OF SURVEY: SEE SHEET 2 \_"" LAND 'S" c DAVID P. `n< SCHNEIDER D P14417 77 IOW p .....�"`�j, `SO PO 4SCEaS°S. \ d Nso �� EMFNT (4 qrC DETAIL A \ �s \25\"sooe •I I hereby certify that this land surveying document was prepared and the related survey work was performed by me—ar�under my ' ec - er onal supervision and that j--afi a d ly licen ad nd veyor under the laws of t e State of o 20� David P. Schneider P.L.S. P14417 at My license renewal date is December 31, 2023. Pages or sheets covered by this seal: SHEETS 1 AND 2 AW-M Land Surveying Planning,Inc. P.O. Box 128 Farley. Iowa 52046 Ph# 563-744-3631 Pro Sheet: 1 of SURVEY DESCRIPTION: SEE SHEET 1 O LEGEND CD O SET 1/2" REBAR w/ O YELLOW CAP #14417 u ■ FOUND 112" REBAR w/ = YELLOW CAP #14417 X SET MAG NAIL EIFOUND 5/8" REBAR O A FOUND 1-114" PIPE O v FOUND 1-1/2" PIPE cD 0 FOUND IRON PIPE W/ CAP #1583 0 FOUND 5/8" REBAR w/ w RED CAP #12631 a • FOUND 112" REBAR w/ YELLOW CAP #12642 CD • FOUND 5/8" REBAR w/ v O ORANGE CAP #15487 m FOUND STANDARD aCONC. MONUMENT MAG NAIL a(FOUND CD LOT 1, O KUNDE PLACE NO.3 CITY OF DUBUQUE NORTH CORNER — LOT 4, / VIZE PLACE FOUND 5/8" REBAR w/ RED CAP #12631 n� N82*1 14E / m OID ocu SBO'4 0 z 37E � LOT 4. w v1zE Q mo w. PLACE I 3Z I ¢3ff] v cnm N � N �NH NNW m f Wm J o a u / � z LOT 1 MASON CATE ESTATES NO.2 CITY i LOT 2. MASON CATE )FlESTATES NO.2 DUBUQUE N89 LOT 9, SEIPPEL ROAD COMMERCIAL PARK '21'E 1979.65 'LOT 0. -SEIPPEL ROAD LOT 12� COMMERCIAL SEIPPEL PARK ROAD COMMERCIA PARK SEE DETAIL A ON SHEET 1 n\ NW CORNER 4ppg0XrM4r ANNEXATION AREA LOT 1, F< PART OF LOT 1 IN p BREHM ACRES PLAT 2, \OC47IO BREHM ACRES PLAT 2 C FOUND 314" PIPE N NEXT TO 1-1/2" PIPE °Fs°, 2.804 ACRES TOTAL \° 0.402 ACRES ROAD 4S M4r 2.402 ACRES NET F4SFMFNT 2� C1 \ R\ A=132.19' LINE \,�0 a Ch=132.08' �D G ^ p(V S29 °10' 51' W 1 j ' h�i• c= 6*12'55' ��.o.� / /Lh4j,0�0 BRELOTHM A 1, R=921.93' 0,�',y22^��^�� / �• !�� 0 PLAT 2 C2 ,�, tin pomti2 ■ i A O � 00nj Q G p � % R ` Aj 'T q�S61.37'38•E 100.00' 1� h '44»W N16.57'12'W 35' 188.00' R=1`�63c LOT 2, BREHM ACRES 33.00� LOT 2-5,- SE1/4 AND E1/2 SW1/4 SEC. 36, T89N, FIE AS" E S1/4 CORNER SEC.36, T89N, R1E FOUND STANDARD CONC. MONUMENT w/ MAG NAIL IN TOP R 921 93 Qii 2 iQ, "c 6,59'12" N36'46 55"E Ch 112.35' / A=112.42' V^ N25°04'24'E LOT 156.37 RE R=359. 70' "c= 42'00'15" N45'04'31"E Ch=257.83' A=263.70'� R.o.w LINE 81, 37' Z 3857' ROAD 46 E COTTINGHAM 355.54 94. NB6_02'45"E 569,93' Q.P., �o� •53 B"W 122 .60_ _�� �rP2 I S7311?978•W LOT 2, JECKLIN FARM SUBDIVISION SB9'40'iB"Wli771.36' FARM SUBDIVISION SE CORNER LOT 2, JECKLIN FARM SUBDIVISION FOUND 112" REBAR w/ YELLOW CAP #14417 42.76 (V I[/ fn m W orn LL'1 n 0 0 z z E1/4 CORNER, C SEC.36, T8"N, RSA W'T C Mu°m� FOUND 5/8" REBAR C a), my o > x3v ~L[dC ml-o o d NCI DUBUQUEENTER rim Zy C - o I \ SOUTTRIAC . FIRST ADDITION 0>m V73 aoto 81 N r-I LLaa oN� v LOT 8 J 0 z pI DUBUQUE P O B. T (O INDUSTRIAL CENTER SOUTH I THIRD aoorTlDN m mhol ^oo mom/ P. m \�... 27 93 U2m� \\ R 773. 82 c= 23*34 CO S28°29'31"W CA .\ c (O 318.029' CITY OF DUBUQUE N72. 3116 3Ito N DUBUQUEO INDUSTRIAL I,4 CENTER SOUTH ICl FIRST ADDITION to ICU EXISTING) GAS LINE EASEMENT (50') V m to ID Q .r NE CORNER SEC. 1, TBBN, R1E FOUND STANDARD CONC. MONUMENT 1.1' NORTH OF LINE SE CORNER SEC.36, T89N, R I E FOUND STANDARD CONC. MONUMENT SB9'48'11"W 486, S89.40'18•W 891.00' o NF FOUNDtF4sFM o REBAR w/ Ni YELLOW CAP �F c #11306 IN LOT C. DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADDITION �EXISTING 40 �FOUND CCESSTRAILEASEMENT 5/8" REBAR w/ YELLOW CAP #113O6 LOT A, DUBUQUE INDUSTRIAL` CENTER SOUTH .FIRST ADDITION.' cn a W 3 cc a i Q = F— JwZ acres DO O Z U 0E-iw I- 4 r-I Q X F— m WU=) ZJ0 Z LL Q O CU CITY OF DUBUQUE LOT 1, LANDFILL NORTH SUBDIVISION Dubuque THE CITY OF DUB E AIIAmerica Cily 11,11 V 2007-2012.2013 2017*2019 Masterpiece on the Mississippi Annexation Map ,-- IV City of Dubuque Brehm Acres Annexation Owner: John and Diane Brehm Applicant (future owner): Seippel Warehouse LLC Acreage: 2.804 City of Dubuque limits N A 125 250 500 Feet v /• Itd Dubuque THE CITY OF DU-B"`�-E Nll meripCty 2007-2012.2013 Masterpiece on the Mississippi 2017*2019 Vicinity Map S\AI City of Dubuque Brehm Acres Annexation Owner: John and Diane Brehm Applicant (future owner): Seippel Warehouse LLC Acreage: 2.804 City of Dubuque limits N A 0 500 1,000 Feet 2,000 EXHIBIT C The legal description of the proposed annexation territory is: PART OF LOT 1 IN BREHM ACRES PLAT 2. DUBUQUE COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SECTION 36, TOWNSHIP 89 NORTH, RANGE 1 EAST OF THE 5th P.M., DUBUQUE COUNTY, IOWA; THENCE S00°05'05"E, 394.29 FEET TO ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 36 TO THE CENTERLINE OF COTTINGHAM ROAD AND THE POINT OF BEGINNING; THENCE CONTINUING S00°05'05"E, 794.63 FEET ALONG SAID EAST LINE; THENCE N66°16'22"W, 100.00 FEET; THENCE N46030'28"W, 193.69 FEET; THENCE N20°13'45"W, 170.84 FEET TO THE CENTERLINE OF COTTINGHAM ROAD; THENCE N40°16'31"E, 176.53 FEET ALONG SAID CENTERLINE TO THE BEGINNING OF A CENTERLINE CURVE TANGENT TO SAID LINE; THENCE NORTHEASTERLY AND NORTHERLY, 255.77 FEET ALONG THE CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 740.82 FEET AND A CENTRAL ANGLE OF 19°46'53"; THENCE N20°30'25"E, 33.09 FEET ALONG SAID CENTERLINE TO THE BEGINNING OF A CENTERLINE CURVE; THENCE NORTHERLY AND NORTHEASTERLY, 83.73 FEET ALONG SAID CURVE HAVING A RADIUS OF 325.00 FEET, CONCAVE TO THE SOUTHEAST, A CENTRAL ANGLE OF 14045'38" AND A CHORD WHICH BEARS N25010'38"E, 83.50 FEET TO THE POINT OF BEGINNING, CONTAINING 2.804 ACRES, WHICH INCLUDES 0.402 ACRES OF EXISTING PUBLIC ROAD RIGHT OF WAY. Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W, 13th St, Telephone: 589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 W. 13th St. Telephone: 589-4121 RESOLUTION NO. 116-23 RESOLUTION APPROVING AN APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City Council of Dubuque has received a written application from John and Diane Brehm (property owners) and Seippel Warehouse LLC (applicant and future property owner) for the voluntary annexation of 2.804 acres of property. The property is comprised of agricultural land east of Cottingham Road and west of Dubuque Industrial Center South as shown on Exhibit A and legally described as: PART OF LOT 1 IN BREHM ACRES PLAT 2. DUBUQUE COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SECTION 36, TOWNSHIP 89 NORTH, RANGE 1 EAST OF THE 5th P.M., DUBUQUE COUNTY, IOWA; THENCE S00°05'05"E, 394.29 FEET TO ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 36 TO THE CENTERLINE OF COTTINGHAM ROAD AND THE POINT OF BEGINNING; THENCE CONTINUING S00°05'05"E, 794.63 FEET ALONG SAID EAST LINE; THENCE N66°16'22"W, 100.00 FEET; THENCE N46"30'28"W, 193.69 FEET; THENCE N20°13'45"W, 170.84 FEET TO THE CENTERLINE OF COTTINGHAM ROAD; THENCE N40016'31 "E, 176.53 FEET ALONG SAID CENTERLINE TO THE BEGINNING OF A CENTERLINE CURVE TANGENT TO SAID LINE; THENCE NORTHEASTERLY AND NORTHERLY, 255.77 FEET ALONG THE CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 740.82 FEET AND A CENTRAL ANGLE OF 19°46'53"; THENCE N20030'25"E, 33.09 FEET ALONG SAID CENTERLINE TO THE BEGINNING OF A CENTERLINE CURVE; THENCE NORTHERLY AND NORTHEASTERLY, 83.73 FEET ALONG SAID CURVE HAVING A RADIUS OF 325.00 FEET, CONCAVE TO THE SOUTHEAST, A CENTRAL Resolution No. 116-23 Page 2 ANGLE OF 14"45'38" AND A CHORD WHICH BEARS N25°10'38"E, 83.50 FEET TO THE POINT OF BEGINNING, CONTAINING 2.804 ACRES, WHICH INCLUDES 0.402 ACRES OF EXISTING PUBLIC ROAD RIGHT OF WAY. Also known as Lot 2 of Brehm Acres Plat 3. Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any railroad property; and Whereas, the annexation territory does not include State owned property; and Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a resolution and required notification; and Whereas, the annexation territory is consistent with the City's Comprehensive Plan; and Whereas, the future growth and development of the City of Dubuque, Iowa makes it desirable that the annexation territory be made part of the City of Dubuque, Iowa; 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 application for the voluntary annexation of property by John and Diane Brehm (property owners) and Seippel Warehouse LLC (applicant and future property owner) consisting of 2.804 acres as shown on Exhibit A is hereby approved for annexation to the City of Dubuque. Section 2. That, subject to the approval of the City Development Board, the corporate limits of the City of Dubuque be and they hereby are extended to include the approximately 2.804 acres of annexation territory as shown on Exhibit A Annexation Map and Exhibit C Annexation Legal Description. Section 3. That the City Council does hereby certify that the City of Dubuque has complied with the notice and hearing requirements of the Iowa Code pertaining to 100% voluntary annexation of territory within the urbanized area of another city. Section 4. That if the City Development Board approves this annexation, the territory hereby annexed shall become a part of Ward One of the City of Dubuque. Resolution No. 116-23 Page 3 Section 5. That the City Clerk shall file this resolution, all exhibits and the applications for voluntary annexation with the City Development Board of the State of Iowa in accordance with the provisions of Chapter 368 of the Iowa Code. Passed, approved, and adopted this 17th day of April 2023. rad Cavanagh, Mayor Attest: '? / A-'eyr4- Adrienne N. Breitfelder, City Clerk STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attan},ed notice was published in said newspaper on the following dates: 03/24/2023 and for which the charge is 64.29 Sub cribed to before me, a Notary Public in and for Dubuque County, Iowa, this 24th day of March, 2023 (�� k< plax� Nnt-,-, Publi i and for Dubuque County, Iowa. FtAEJANET K. PAPE mission iVumt3er 199659 commission Expires 12/1112025 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of Dubuque, Iowa will hold a public hearing on a voluntary annexation request by: John and Diane Brehm (property owners) and Seippel Warehouse LLC (applicant and future owner) for the voluntary annexation of 2.804 acres of property. The annexation territory is comprised of agricultural land east of Cottingham Road and west of Dubuque Industrial Center South. The public hearing will be held: DATE: Monday, April 17, 2023 TIME: "6:30 p.m. PLACE: City Council Chambers, Historic Federal Building 350 W. 6th Street, Dubuque, Iowa The legal description of the City of Dubuque proposed annexation territory is: PART OF LOT 1 IN BREHM ACRES PLAT 2. DUBUQUE COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SECTION 36, TOWNSHIP 89 NORTH, RANGE 1 EAST OF THE 5th P.M., DUBUQUE COUNTY, IOWA; THENCE S00*0505"E, 394.29 FEET TO ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 36 TO THE CENTERLINE OF COTTINGHAM ROAD AND THE POINT OF BEGINNING; THENCE CONTINUING S00*0505"E, 794.63 FEET ALONG SAID EAST LINE; THENCE N66*16'22"W, 100.00 FEET; THENCE N46*30'28"W, 193.69 FEET; THENCE N20*13'45"W, 170.84 FEET TO THE CENTERLINE OF COTTINGHAM ROAD; THENCE N40*16'31"E, 176.53 FEET ALONG SAID CENTERLINE TO THE BEGINNING OF A CENTERLINE CURVE TANGENT TO SAID LINE; THENCE NORTHEASTERLY AND NO! THERLY, 255.77 FEET ALONG THE CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 740.82 FEET AND A CENTRAL ANGLE OF 19*46'53'; THENCE N20*30'25E, 33.09 FEET ALONG SAID CENTERLINE TO THE BEGINNING OF A CENTERLINE CURVE; THENCE NORTHERLY AND NORTHEASTERLY, 83.73 FEET ALONG SAID CURVE HAVING A RADIUS OF 325,00 FEET, CONCAVE TO THE SOUTHEAST, A CENTRAL ANGLE OF 14*45'38" AND A CHORD WHICH BEARS N25*10'38"E, 83.50 FEET TO THE POINT OF BEGINNING, CONTAINING' 2,804 ACRES, WHICH INCLUDES 0,402 ACRES OF EXISTING PUBLIC ROAD RIGHT OF WAY. At the public hearing, all interested parties may present oral and written comments regarding the proposal. Copies of supporting documents for the public hearing are on file in the City Clerk's Office, 50 w. 13th Street, Dubuque, and may be viewed during normal working hours. The official agenda will be posted the Friday before the meeting and will contain public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.conVAgendaPublic/ or by contgeting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said proposal. Written comments regarding the above public hearings may be submitted to the City Clerk's Office via email at etyclerk©cityofdubuque.org or by mail to City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, IA 52001, before said time of public hearing. At said time and place of public hearings the City Council will receive any written comments. Individuals with limited English proficiency, vision, hearing, or speech impairments requiring special assistance PAUL D. PATE SECRETARY OF STATE OFFICE OF THE IOWA SECRETARY OF STATE 08/01/2023 Adrienne Brietfelder Dubuque City Clerk 50W131hSt Dubuque, IA 52001-4864 Re: Resolution No. 116-23 Dear City of Dubuque: LUCAS BUILDING DES MOINES, IowA 50319 You are hereby notified that the resolution, plat map, and legal description pertaining to the voluntary annexation of territory to the City of Dubuque, which was approved by the city on April 17, 2023, have been received and filed by this office as required by Iowa Code section § 368.7. You may consider the annexation filed. In accordance with § 368.1(15) and § 368.7A the territory extends to the center line of all secondary roads adjacent to the above described properties. Iowa Code 312.3(4) requires the mayor and city council to certify the population of any annexed territory, as determined by the last certified federal census, to the treasurer of state in order for apportionment of street construction funds to be adjusted. Please review your city's precinct ordinance (if any) and confer with your county auditor to ensure this territory is assigned to the correct election precinct and/or ward (if any). If you have questions or concerns about this communication, please let me know. Sincerely, Lfr Michaele Graber Iowa Secretary of State's Office 321 E. 12'h St. Des Moines, IA 50319 michaele.graber@sos.iowa.gov Cc: Annexations, Iowa Department of Transportation Matt Rasmussen, City Development Board Administrator Phone 515-281-5204 Fax 515-242-5953 sos.iowa.gov sos@sos.iowa.gov should contact the City Clerk's Office at (563) 589-4100, etyclerk®cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or(800) 735-2942. Published by order of the City Council given on the 20th day of March 2023. Adrienne N. Breitfelder, City Clerk It 3/24