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Fincel, Frank, de-annexationMEMORANDUM November 13, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Severance (De-Annexation) Request of Frank Fincel A request was received from Frank Fincel, 8066 Riverside Road, to de-annex approximately 11.9 acres of land along Riverside Road which was involuntarily annexed in June of 1979. Planning Services Manager Laura Carstens is recommending approval of this request due to the fact that City water and sewer services have not been provided to this property and the City has no intent to provide them any time in the near future. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM November 2, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager Severance (De-Annexation) Request of Frank Fincel This memo transmits the severance (de-annexation) request of Frank J. Fincel, 8066 Riverside Road for consideration by the City Council. A map, a resolution and a staff report are enclosed. Approximately 11.9 acres of the 15.8 acres Mr. Fincel owns along Riverside Road was annexed involuntarily in June 1979. The property is located southeast of John Deero Dubuque Works. The land has been in crop production for many years. To access the farmhouse on the property, one must leave the city limits to reach Riverside Road. The Iowa Code provides for the voluntary severance of property to proceed in the same way as voluntary annexation. The severance process requires the written consent of the property owner(s) and the approval by resolution of the City Council. Notification is then made to various state agencies. The property was analyzed in the 1976 Annexation Study. Capital improvements for water, sewer, street, drainage and fire protection services were identified to serve the area at an anticipated rate of development. However, these projections did not materialize due to the economic downturn of the local economy in the 1980's. The property is not served by City utilities, as shown on the enclosed map. Water and sanitary sewer extensions to serve the Fincel property are estimated to cost a combined total of $883,000. The area was not identified as a potential growth area in the 1995 Comprehensive Plan. It was not evaluated as part of the 1997 Annexation Study. Extensions of water and sewer along Peru Road to Riverside Road have not been budgeted due to the limited development potential in the area. The City's return on investment for these extensions would be very long-term as a result. Therefore, I recommend that the City Council approve Mr. Fincel's severance request. Enclosures Icarstens~vp/annex/finceldeannex. mem.doc Prepared by: Laura Carstens, City Planner Address: City Hall~ 50 W. 13th St Telephone: 589-4210 RESOLUTION NO. 497-01 RESOLUTION APPROVING SEVERANCE OF CERTAIN TERRITORY FROM THE CITY OF DUBUQUE Whereas, Frank J. Fincel, representing Fincel Declaration of Trust, has voluntarily petitioned for severance of approximately 11.9 acres of property within the corporate limits of the City of Dubuque; and Whereas, Chapter 368 of the Code of Iowa authorizes the adjUstment of City limits in situations of this character by adoption of a resolution as required by State Regulations. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the territorial limits of Dubuque, Iowa, be, and they hereby are adjusted to sever the property legally described as: Lot 2-1-1-2 and Lot 2-2-2 of T.M. Suilivan's Subdivision and Lot 2- 1 of NW % of NW % of Section 1, T89N, R2E. Section 2. The territory hereby severed shall remain a part of the 13th Precinct of the 3rd Ward of the City of Dubuque, Iowa. Section 3. That the City Clerk shall file this resolution, all exhibits and the petition for voluntary severance with the State of Iowa in accordance with State Regulations. Attest: /s/ Jeanne F. Schneider, City Clerk Passed, approved and adopted this 19th day of November ,2001. /s/ Terrance M. Duggan, Mayor JOHN DEERE DUBUQUE WORKS Severance Request of Frank J. Fincel Riverside Road and Edmore Lane Water Sanitary Sewer Cily Limits FRANK J. FINCEL sepv. 17, 2ool /O /// o~ ~.'~o Honorable ~ ~ayor and dubuque city councit~ I live at 8066 Riverside Road on the 15.8 acres de£ined on the enclosed plat~ part o£ which was involuntarily anne×ed in June o£ 1979. I £ormally request to be detached from the city anm To have my current taxes due Seotember 30 th reflect this change. Thank you. Respectfuily~ Prank J. Pincel 5£.5 - 7o ~ e 1~0 Special Sesesion, March ~ 1976 Yeas -- Mayor Lundh, Council- men Brady, Stackis, Tully, Wertz- berger. Nays--None. Petition of Dubuque Sports Un- limited Inc. requesting a meeting with the Council after a City Counc~l meeting, not to ask for financial assistance but looking for suggestions and hoping in es- tebllsh a board to help alleviate some problems, presented and read. Councilman Tully moved that the petition be received and filed. Seconded by Councilman Wartz- berger. Carried by the following vote: Yeas -- Mayor Lundh, Council- men Brady, Tully, Wertzberges. Nays--Coavo/lm~n Stackis. mon ers); ~:1. Tsekiggfrie et signem), Peru B.d. area; Elathe 8awvell at al (~'1 signers), Pern Rd. Area; Tom Witterholt et al (84 signers), Peru Rd. area; Arden Esslinger et al (41 signers) Bar- ony Woods area; Robert Kalfle et al (18 signers) l%btehood area; and gl. J. Wcsthoff et al signera) Cedar Cross Road area, presented and read. Coeneflman Stackis moved that the petitions be referred to the Public Hearing to be held on annexation. Second- ed by Councilman Tully. Carried by the fallowthg vote: Yeas -- Mayor Lundh, Council- men Brady, Stacids, 'ruBy, Wert~ berger. Nays---None. Petition of James Schwers by Attorney Norby, requesting a re- fund of $~5.00, beteg the differ- once between amount paid and the correct filing fee for a rezon- ing request, presented and read. Councilman To.Uy moved that the petition be referred to the Ptan- nteg & Zoning Commission for ex- planation and report. Seconded by Councilman Steckis. Can'/ed by the following vote: Yeas -- Mayor Lundh, Council men Brady, Stackls, Tully, Warlz- berger. Nays---None. Petition of Gerald (22 signers) objecting to annexa- tion of a pares1 ef land Peg-O-Mesa Sub., presented and read. Councilman Wertzbarger moved that the petition be re- ceived end flied and r~ferred to Council. Seconded by Councilman TuUy. Carried by the following vote: Yeas -- Mayor Lundh, Council- men Brady, Stacki~, Tully, Wertz- Nays--Nune. Petition of Memorial Day Com- mittee requesting permission to conduct a Memorial Day Parade on May 31, 1976, presented and read. Coundlman Stackis moved that the petition be approved subject to final approval of the City M~~ agar. Seconded by Counciknan Tully. Carried by the foBow/ng vote: Yeas -- Mayor Lundh, Council- men Brady, Stackhs, Tully, Wartz- bergar. Nays--None. Petition of Jamas A. Aird et ux requesting Yaration and purchase of a 1at abutting the Jr property at 645 N. Burden St., presented and read. Mayor Lundh moved that the petition be referred to the City Manager. Seconded by Councilman Wert~berger. Carried by the follow/ng vote: Yeas -- Mayor Lundh, Council- men Brady, Stackis, Tully, Wertz. bergen Nays--None. Petition of Girl Scout Senior · roop ~09 .Little Cloud Council requesting official sanction to rep- resent the City while in Mexico City from July 7 to 19, 1976, pre- sented and read. CounciLmen Tuily moved that the request be grant- ed. Seconded by Councilman Warteberger. Carried by the fol- lowing vote: Yeas -- Mayor Lundh, Council- men Brady, Stackis, Tally, Wextz- berger. Nays--None. Mayor Lundh read and s{gned a proclamation designating G/r1 Scout · Senior Troop ~59 L/tile Cloud Coundl as "Official City Representatives" while in Mexico Petition of Dubuque County H/s- torieal Society requesting consid- eration to preserve some of the cast iron light fixtures /n the Con~ h-al Ave. area in addition to m~d- ern lighting, presented and read. SEVERANCE (DE-ANNEXATION) STAFF REPORT Council Agenda: Nov. 19, 2001 Property Location: Property Owner: Legal Description: Riverside Road, near Edmore Lane and John Deere facility Fincel Declaration of Trust, Frank J. Fincel, 8066 Riverside Road Lot 2-1-1-2 and Lot 2-2-2 of T. M Sullivan's Subdivision and Lot 2-1 of NWl/4 of NWl/4 of Sec. 1, T89N, R2E Proposed Land Use: Agricultural Existing Land Use: Agricultural Adjacent Land Use: Manufacturing, Residential Existing Zoning: AG Adjacent Zoning: N - M2 Heavy Industrial (County), S - R-l, E - AG, W - M2 Flood Plain: Zone X, outside 500 year floodplain Water: No Storm Sewer: No Total Area: 11.9 acres in city Existing Street Access: Riverside Road Sanitary Sewer: No Purpose: Mr. Fincel has requested that his property be removed from the city timits. Approximately 11.9 acres of the 15.8 acres he owns along Riverside Road was annexed involuntarily in June 1979. He objected to the annexation at the City Council's public headng in March 1976. Mr. Fincel has indicated verbally that since his property not received City utilities, and is split between the City and the County, he would like to be "de-annexed" from the city. The Iowa Code provides for the voluntary severance of property to proceed in the same way as voluntary annexation. The severance process requires the written consent of the property owner(s) and the approval by resolution of the City Council. Notification is then made to various state agencies, Physical Characteristics: The property is located southeast of Joh~ Deere Dubuque Works. It is faidy level farm ground separated from the Mississippi River by railroad tracks. The land has been in crop production for many years. To access the farmhouse on the property, one must leave the city limits to reach Riverside Road. Conformance with Comprehensive Plan: The subject property is not identified as a potential growth area in the 1995 Comprehensive Plan. It was not evaluated as part of the 1997 Annexation Study. The 1976 Annexation Study was the basis for the City's involuntary annexation of 3,330 acres in 1979. The study analyzed urban growth potentials in 4 sectors around the city. The subject property was part of sub-area N-5 of the North Sector. SEVERANCE (DE-ANNEXATION) STAFF REPORT Page 2 Impact of Request on: Utilities: The property is not currently served by City utilities, as shown on the enclosed map. Water and sanitary sewer extensions to serve the Fincel property are estimated to cost a combined total of $883,000. Extension of water services for 4,400 feet on Peru Road and 2,500 feet on Edmore Lane, and installation of a water service line to the home are estimated to cost $425,000. Installation of 3,700 feet of sanitary sewer, a pump station, and a sewer service line to the home are estimated to cost $458,000. Traffic Patterns/Counts: No traffic counts are available for this area. Riverside Road is a Iow volume street, providing secondary access to the John Deere facility and pdmary access to a small residential area along the river. Public Services: The property is served by City police and fire services, but not refuse collection services. Dubuque County provides snow removal and street repair. Environment: No impacts anticipated. Adiacent Properties: No impacts anticipated. CIP investments: None planned. Staff Analysis and Recommendation: The 1976 Annexation Study projected a City population of 86,335 in 2000. Capital improvements for water, sewer, street, drainage and fire protection services were identified to serve the North Sector at the anticipated rate of development. However, these projections did not materialize due to the economic downturn of the local economy in the 1980's. According to the 2000 census, the City's population was 57,686 and the County population was 89,143 - far below the growth projected in the 1976 Annexation Study. Extensions of water and sewer along Peru Road to Riverside Road have not been budgeted due to the limited development in the area. These main extensions would serve additional properties along Peru Road and Edmore Lane. However, the east side of Peru Road is pdmadly agriculture and open space, and the west side of Peru Roa(~ which is developed with homes and businesses, is in the county. The City's return on investment for these extensions would be very long-term as a result. Prepared by: ~ Reviewed: Date: Lca rsten/wp/an nex/FZN CEL DEANNEXATZON.DOC