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SWAD, LLC Voluntary Annexation Request for Property West of English Mill Rd. / SW Arterial_Hearing Copyrighted March 18, 2019 City of Dubuque Public Hearings # 2. ITEM TITLE: VoluntaryAnnexation Request- SWAD, LLC SUMMARY: Proof of publication on notice of public hearing to consider approval of a 100% voluntary annexation request filed by Michael Portzen, SWAD, LLC, forapproximately28.48 acres of property located south of the Southwest Arterial, west of English Mill Road and north of English Ridge Subdivision owned by the Carolyn S. Haupert Trust, concurrent with rezoning, and the City Manager recommending approval. RESOLUTION Approving an application for voluntary annexation of territory to the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type SWAD VoluntaryAnnexation-MVM Memo City Manager Memo Staff Memo Staff Memo Applicant material Supporting Documentation Vicinity Map Supporting Documentation Staff material Supporting Documentation Resolution Resolutions ExhibitA Supporting Documentation Proof of Publication Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: SWAD, LLC. Voluntary Annexation Request - Approval DATE: March 11 , 2019 Planning Services Manager Laura Carstens recommends City Council approval of a 100°k voluntary annexation request filed by Michael Portzen, SWAD, LLC, for approximately 28.48 acres of property located south of the Southwest Arterial, west of English Mill Road and north of English Ridge Subdivision owned by the Carolyn S. Haupert Trust, concurrent with rezoning. I concur with the recommendation and respectfully request Mayor and City Council approval. �� Mic ael C. Van Milligen �� MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Laura Carstens, Planning Services Manager THE CITY OF DU�?UC1Ue DuB E ��d Master�iece on tl2e Mississippi � � � � �m� zoo�•zoiz•zoia MEMORANDUM TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager ��% SUBJECT: SWAD, LLC. Voluntary Annexation Request— Approval DATE: March 5, 2019 INTRODUCTION This memorandum transmits a 100% voluntary annexation request for City Council to set for public hearing. The request is being filed by Michael Portzen, SWAD, LLC. for approximately 28.48 acres of property, concurrent with rezoning. The property owner is Carolyn S. Haupert Trust. The resolution, maps, and other supporting documentation is enclosed. DISCUSSION The annexation territory consists of a 28.48-acre parcel of land that is located south of the Southwest Arterial, west of English Mill Road and north of English Ridge Subdivision. The property is presently used for agricultural purposes. Michael Portzen, SWAD, LLC. is also in the process of applying to rezone the property to C-3 General Commercial. By lowa Code, the annexation will be approved upon acknowledgement by the Secretary of State that the legal description, map and resolution have been received. RECOMMENDATION I recommend that the City Council approve the City annexation request for the reasons described in the enclosed staff report, and summarized below: . It is 100% voluntary and in compliance with lowa Code, . It is in the best interest of the City of Dubuque, • It is consistent with Imagine Dubuque Comprehensive Plan goals, • The City of Dubuque has the capacity to provide substantial municipal services to the properties, • City water is available to the site and sanitary sewer is stubbed into an adjacent parcel owned by the applicant and will be extended to the property, and Memo to Michael C. Van Milligen SWAD Annexation Request • Existing roadways are adequate to serve the proposed development, and the Southwest Arterial and Chesterfield Drive have been designed to accommodate the anticipated development. REQUESTED ACTION The requested action is for the City Council to adopt the resolution approving the SWAD, LLC voluntary annexation for approximately 28.48 acres owned by Carolyn S. Haupert Trust. By lowa Code, the annexation will be approved upon acknowledgement by the Secretary of State that the legal description, map and resolution have been received. Prepared by Wally Wernimont, Assistant Planner Enclosures cc: Denise Ihrig, Water Department Manager Gus Psihoyos, City Engineer F:\Users\WwernimoWnnexation\Michael Portzen, SWAD, LLC\Memo MVM City Portzen SWAD annex approval.doc 2 II � City of Dubuque o"b"q"e Plannin Services De artment THE CITY Or � 9 P r u��,.�.,:,�, Dubuque, IA 52001-4895 �U B -L-� �I�I�.� Phone: 563-589-4210 Fax: 563-589-4221 Mnsterpiece on the Mississippi �a°;.;o;; plannlnaC�a ciNofdubuaue ora PLANNING APPLICATION FORM ❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certifcate of Appropriateness ❑Condltional Use Permit ❑Major Final Plat ❑Text Amendment ❑Advisory Design Review (Public Projects) ❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certificate of Economic Non-Viability ❑Special Exception ❑Simple Site Plan �Annexation ❑Historic Designation ❑Limited Setback Waiver ❑Minor Site Plan ❑Hlstoric Revolving Loan ❑Demolition ❑Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque/Chaplain Schmltt Island Design Review Please tvpe or print leaibiv in ink Property owner(s): �p;.ro�_�n �. �Ai��" Phone: S(o3-SyZ -`INl fo nddress: II�3R Ev1qIi5� 1t'tr �0 RO�• City: (JUF��t4u.L State: 1/} Zip: �Z003 Fax #: N(�l ceu �: .v0,� e-ma�i: C hauperF01 @ qma;B �o� Appllcant/Agent: 1�1(�nt,� �nrt7_G/1 ,��/�� LLC• Phone: Slo3— �57— `7/eyZ Address: Z� .5�an� �! �Uv�City: �u,buuU.C, State:�Zip: SZW� Fax #: 57v3-S57-%�/�' ceu �: 57e3-S?:�-SSD3 E-mau: dr»or�zen OGI —rl ton�a Sitelocation/address: JPf MG�p d- IC4al GIP.SGYvp-Fia/1 NeighborhoodAssociation: /(1/f� Existing zoning:_��_Proposed zoning: C_� District: �a�--� r Landmark: ❑ Yes � No Legal Description (Sidw�ell parcel ID# or lot number/block number/subdivision)�/�US/�.(o00� Total property (lot) area (square feet or acres): B g 2`I2 � 24.5.y� 5F Describe proposal and reason necessary (attach a letter of explanation, if needed): �O__��nc:�,l �}.v I P�� CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and corred to the best of my/our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written an graphic materials are attached. Property Owner(s): Date: �� ] � Applicant/Agent �l� � � Date: �//0� l q' � FOR OFFICE USE ONLY—APPLICATIO $UBMITTA .CHECKLIST C_-' Fee: � � Received by: � Date: 'ZZ z�Iy Docket: RR:. I6iZJ51001 � I0.3IJJ60p1 ' S '��. �' r4�� 1 k� ♦ �L'4m� � ��•� ��-•�•'"� 't;i . R F3� f �-�� r \ . �+.'tr' �.'�i �- l;_E: ' . . . a �.._ \``... 1SP]126W2 ' f k � - �� J i J £{ f .� �i . t','� � . ,�) r ` i r'�' '�. i' � �c i � ;. s ". : �I a ��' . I y �� Dnl:u C�mm,lAPxrces . - '�. q�m P['C :J:9POUCd . . 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' I ��I ' oaoc � � � . - � /� . , �1�.- '�, E �� 1' 1 A . }.. , , \ ' � � � �� I 4/ I I ` ` p �� l y�i � � � il A r til'I ' _.y] P � �\�� 1 �� Y �� ,1 I � � � � �� .k � � �._ ;. ;.��" ��. � `� � ,•� � '� �] .: , � '�' ti, � .=� ia ,,yJv� .." n.-, . .. � �>.�" ,<Js:V' � �i I �,�...., �'� 5 . ,_ .+�� i �;�5 ° .. d , - i`,•� ��`� ' �\ City of Dubuque � ; ,. �� ,r+°�u o r � p ` Owner Ca S H Trust . '�µ � . ,�^,,.�,� -- -� � - �. ,� r�.M� . olyn . aupert .. , n R `'� !A,`F, q ' t . i �, n qr ,� � f ��___ ;-. I, � ` \ ' li 5� N/VAI'fYu'=V' `r=- 4-_;F - � , y �� , � Applicant Michael Portzen, SWAD, LLC. � � � � � � �K � � � Location: PIN: 1505126004 �t� '� ��'��' °� ,'` �.,";�,.�W j - � South of SW Arterial and West �r ✓ ,_ �� l � - y � : r � � '' ' � of English Mill Road ,..��' � e._. - Wo y : i , �i .€ p � ��'i�+� , � � Description: VoluntaryAnnexationConcurrent � f�.. � . - e� , x�, ' � � �� r. with Rezoning I i.� ,I � Y�„ ' , � �' +h. �1�� o s, � p •-�� I�:,Q ' r.��., � j?1�. � � 1 :�. . 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Tb Cry dp rt p f g g 'e M1all � , . o� °= �Yw �� l ��' 1 � pP� b M1 Itl�bl f irytl� t d � �tle [ I 9 I I. .� �,s - � �, ;'d'� �� , �« ' p nt e o�SDacaltlemagas, M1 IM1e�f e bl e� _ I50' 'IS�D.' 3000 I.,�� '� �'� { ��,�'• �� r �� S�o seeabiea-sngotonne �n zcou�aumorzetl 1:15,000 �. . �. �H �i� e r�n� a� m � er�v� �nsaa�ao�o��ora�y � �^F�et ' �' ' p "k breacM1otwarzantywM1alsvaver. . � ^ � . 'y. ��i ' �� I `-JS��.f..� ANNEXATION STAFF REPORT Council Agenda: March 18, 2019 Property Address: PIN: 1505126004, West of English Mill Road and South of Southwest Arterial Property Owner: Carolyn S. Haupert Applicant: Michael Portzen, SWAD, LLC Proposed Land Use: Commercial Proposed Zoning: C-3 Existing Land Use: Agricultural Existing Zoning: County A-1 Adjacent Land Use: Adjacent Zoning: North — SW Arterial Highway North — City C-3/County M-2 East — Commercial/Agricultural East - County R-1 South — Residential South — City R-1 West — Agricultural West — City C-3 Flood Plain: N/A Total Area: 28.48 acres City Services Provided: Water: Provided at the site. Sanitary Sewer: Extension in the near future as site develops. Storm Sewer: N/A Existing Street Access: N. Wellington Lane via Stone Valley Drive Future Street Access: Chesterfield Drive via Southwest Arterial Other Services: Police, Fire and Emergency Response. Purpose/Reason for Annexation: The annexation territory is directly adjacent to the city of Dubuque corporate limits and encompasses farmland located south of the Southwest Arterial (SWA), west of English Mill road and north of English Ridge Subdivision. The SWAD LLC annexation is concurrent with rezoning to C-3 General Commercial. The annexation and rezoning the property to C-3 will open the land to a mixed-use development. Physical Characteristics: The subject property is an approximate 28.48-acre parcel of land that is located south of the Southwest Arterial (SWA), west of English Mill Road and north of English Ridge Subdivision. The property has rolling topography and stormwater from the site flows to the north away from the English Ridge Subdivision. i Annexation Staff Report — Michael Portzen, SWAD, LLC Page 2 The property is presently used for agricultural purposes (row crops). The Southwest Arterial, currently under construction, is located north of the subject property. The new SWA/U.S. 20 interchange is located northwest of the subject property. A high-pressure gas main extends along the south portion of the property. Impact of Request on: Utilities: City water is available to the site. The capacity of the water main is adequate to serve future development of the subject parcel. City sanitary sewer service is stubbed into an adjacent parcel west of the subject parcel and will be extended to provide service. The sewer main is adequate to serve a proposed development. There is a high-pressure gas main that extends along the southern portion of the property. Traffic Patterns/Counts: Because the area is newly developed, there are no traffic counts available. Chesterfield Drive, a 37-foot wide paved street, will be constructed this year as part of the SWA project and will provide access to Stone Valley Drive and Barrington Drive. Stone Valley Drive is a 37-foot wide public street that serves the English Ridge Subdivision. Barrington Drive is a 30-foot wide private street within the Barrington Lakes Subdivision. Chesterfield Drive will provide access to the County subdivision once the Barrington Drive intersection with U.S. Highway 20 is closed when the SWA is completed. North Wellington Lane is a 31-foot wide public street within English Ridge Subdivision, and stubs into the subject parcel requested for rezoning to C-3 General Commercial District. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impact to the environment provided that any future development of the property is in compliance with established City standards for storm water management and erosion control. Adjacent Properties: The proposed rezoning of the subject parcel to C-3 General Commercial is an expansion of an existing commercial zoning district. The adjacent properties to the north and west are zoned C-3 General Commercial. The property is also located immediately south of the Southwest Arterial. The area to the south of the property is zoned residential. CIP Investments: Completion of the Southwest Arterial and the interchange with U.S. Highway 20. Imagine Dubuque Comprehensive Plan Recommendations: Mixed-Use - Create a vibrant environment where residents can live, work, and play � within walkin and bikin distance of their home and o � g g pportunity sites throughout the community. Annexation Staff Report — Michael Portzen, SWAD, LLC Page 3 Commercial - Be responsive to market demands and the needs of residents by providing key retail and employment centers. Ensure that such development does not impact the quality of life in adjacent residential neighborhoods. Continue to concentrate commercial uses with a regional draw along major transportation corridor, including downtown. Future Land Use Map — Single-Family Residential. Staff Analysis and Recommendation: The City received a written application for a 100% voluntary annexation of approximately 28.48 acres that is located south of the Southwest Arterial, west of English Mill Road and north of English Ridge Subdivision and directly abuts the Dubuque corporate limits. The applicant is in the process of rezoning the property to C-3 General Commercial concurrently with annexation. The applicant currently owns an approximately 33.36-acre parcel zoned C-3 General Commercial directly west of the subject property. The annexing and rezoning of the property would be an expansion of the C-3 General Commercial zoning district. The subject property is located southwest of the new U.S. 20/SWA interchange. Chesterfield Drive, a 37-foot wide paved public street, will be constructed as part of the SWA project and will provide access from the interchange to Stone Valley Drive and Barrington Drive. Stone Valley Drive is a 37-foot wide paved public street serving English Ridge Subdivision roads. Barrington Drive is a 30-foot wide private street within the Barrington Lakes Subdivision in Dubuque County. Chesterfield Drive will provide access to the County Subdivision once the intersection of Barrington Drive and U.S. 20 is closed after completion of the SWA. The Comprehensive Plan encourages mixed-use developments creating a vibrant environment where residents can live, work, and play within walking and biking distance of their home and opportunity sites throughout the community. The Comprehensive Plan also encourages the concentration of commercial uses with a regional draw along major transportation corridors like the Southwest Arterial and US Highway 20. The applicanYs request to annex and rezone the subject parcel to C-3 General Commercial is consistent with the standard development practice to site commercial or multi-family residential developments near highway interchanges. The construction of the Southwest Arterial and its interchange with U.S. Highway 20 has been anticipated for several years. Planning staff anticipates that the area around � the interchange will generate additional annexation & zoning requests and development in the coming years. i Annexation Staff Report — Michael Portzen, SWAD, LLC Page 4 The roadway system and public utilities in the area around the interchange have been designed and constructed to accommodate the anticipated development that typically is generated near an interchange of two highways. The future development of the site requires subdivision and site plan reviews. These reviews will be conducted by city departments (Planning, Building, Fire, Water, Engineering, etc.) to ensure compliance with the Unified Development Code, Building and Fire Codes and SUDAS (Statewide Urban Design and Specifications). The City of Dubuque has the capacity to provide substantial municipal services to the annexation territory. By lowa Code, the annexation will be approved upon acknowledgement by the Secretary of State that the legal description, map and resolution have been received. Planning staff recomme�ds City Council approval of the voluntary annexation request. �� , , � � r Pre ared b = � r �„r>.- ,,�" ��Reviewed��(; �_ t P Y �.,.1 :� Date: � � � �' / i / Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St, Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall, 50 W. 13th St. Telephone: 589-4121 RESOLUTION NO. 101-19 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 Michael Portzen, SWAD, LLC for the voluntary annexation of 28.48 acres of property owned by Carolyn S. Haupert Trust, which is located south of the Southwest Arterial, west of English Mill Road and north of the English Ridge Subdivision as shown on Exhibit A and legally described as: The North 1/2 of the Northeast'/ of the Northwest'/ of Section 5, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, Excepting: Lot A of the North 1/2 of the Northeast 1/4 of the Northwest'/ of Section 5, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, Also, Excepting: Lot B of the North 1/2 of the Northeast'/ of the Northwest % of Section 5, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa; and Whereas, the annexation territory has direct connection to the City of Dubuque, Iowa Corporate Limits; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any State or railroad 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 from Michael Portzen, SWAD, LLC for the voluntary annexation of 28.48 acres of property owned by Carolyn S. Haupert Trust hereby be approved for annexation to the City of Dubuque. Resolution No. 100-19 Page 2 Section 2. That subject to the acknowledgement by the Secretary of State that the legal description, map and resolution have been received, the corporate limits of the City of Dubuque be, and they hereby extended to include the 28.48 acres of property as shown on Exhibit A. 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 not in urbanized area of another city. Section 4. That the territory hereby annexed shall become a part of Ward One of the City of Dubuque. Section 5. That the City Clerk shall file this resolution, all exhibits and the applications for voluntary annexation with the Secretary of State in accordance with the provisions of Chapter 368 of the Iowa Code. Passed, approved and adopted this 18th day of March 201 . Roy D. Buol, Mayor Attest: Kevin Firnstahl, City CI F:\Users\Wwernimo\Annexation\Michael Portzen, SWAD, LLC\Annexation Michael Portzen SWAD LLC Approving Resolution.doc � ' . / �� , ' N- � r �,� OISCLNIMER Ths� I �' pl d � glhe �� ,��^ ' ' �Yy ".�� ti oJ� O"Ibq dCe Ya1ltlbYdI1M1�U IM1�SDI IM1tD�AGl�S( whcM1 — ,� 7�� O � �� x . � D � q tlp �Cp( g g - 11' Olh � piran� tl � ' t 1 a labl OAGIS 4'1 ppl ers tlo � � wt warrant ine eccuracy or arrenoy of Ine'nrormat on or azta l � tlM1erein. T� C�y ntlparti'p 1 9 9 nciessM1allnol ' . �� • �� b h tlle�lefor yd CTtllreol,' '4 1 I consequorlial. 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F:� GN Oi GOBC�UE, � t � � �� DU9UG�SGOLN'Y'. �S `� 1� � � ��ti - Z I 1 c a � �41 c �, �: ' � � ' +'1�' ' - c j - �. :I T� � � J 'O'sa `� ; &�� --�---{�� c_ �� i ...t. ;� � �� i `--'-J-skr�rv5a I r� .t� ' '' q'�- '' �. « � F' i � ° �, I' � � ' , � � r �r ' ' ' �, . � ' _ �' �� !`� i�.� �x z � ,�C ��.,� � ��. .! �,� ,� f „ � � :�1 � �.. �� , _ . �'� s - � �'- ' E.� I � rt �� n . . �" - a ... .�/ -- -"''' .�. ,..�.l-� . A - � .w �F'3'�+ I �c �� y Y � . � '• . V,.. � �@y\ �" j_'�' ' �y r^ a +r � �;. __� j' '�, ` � _ �{ �'— �fY. �� c�' ��, � �y- / � n� . � -� /.' N �r r . r ...� . . :{. . . , . � . : . -- � -- -� -- , . - . : , _ � , ,, _ ; � _ � r r� '::�(F� 1��- � ".�5 — ,.. .+, . �' - � _.;." Legend 'r '" ��, `' �• > ,,, Property to be Annexed - 28.48 Acres �^� r � ,�` ,., „ w, '( ,r _ � - ;` �.,,� ` ka :, r � ` � ,�> a � Dubuque City Limits "� .: � � � .. �' f :» . „ - PAUL D. PATE SECRETARY OF STATE May 23, 2019 Kevin Firnstahl City of Dubuque 50 W 13th St Dubuque, IA 52001 Re: Resolution: 101-19 Dear Mr. Firnstahl: LUCAS BUILDING DES MOINES, IOWA 50319 w 0 -T{ 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 March 18, 2019 has 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 territories extend 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, 6 Christy Wilson Iowa Secretary of State's Office 321 E. 12th St. Des Moines, IA 50315 Christy.Wilson@sos.iowa.gov Cc: Annexations, Iowa Department of Transportation Matt Rasmussen, City Development Board Administrator cw/mcs Phone 515-281-5204 Fax 515-242-595 sos@sos.iowa.gov sos.iowa.gov iowa.gov STATE OF IOWA {SS: DUBUQUE COUNTY crrY o�.DusuQue,- iowA � OFFICIAL NOTiCE V CERTIFICATION OF PUBLICATION r�oricE oF PUBuc . � ; HEARING � � � 'NOTICE IS HEREBY '' � GIVEN that`the City I Council of Dubuque; ', � lowa will,hoTd,a publie hearmg on�a;�ol�ntary , { I, Suza1111e Plk2, a Bllllrig CIePIC fOP WOOCIW2TCl , annezation r�equ�esYby: � � �' Michael' Portzen; . Communications, Inc., an Iowa corporation, publisher swao,��c,fo�tne�oi;=? of the Telegraph Herald, a newspaper of general untary annexation of circulation published in the City of Dubuque, County is.as a�res of prope�v' owned by Carolyn S. of Dubuque and State of Iowa; hereby certify that the ° Haupe�c-rruSt,,Wn��n.�s� I,� Iocated south of the� � attached notice was published in said newspaper on the Southwest Arterial; , following dates: Roaa and nogth of hlel '� �; fnglish Ridge Sutidivi- i� sion. iI February 22, 2019, rne pUer� nearm9 ; � will be held:° ' and for which the char e is $25.g4 DATE:; rnonaav, � g March 18,2019 '� � TIME:6:00 p.m. PLAGE.City Council ' I � C,hambers,�° Historlc �i � � Federal��Building, �350_i a W. 6th;Str�et, Dubu• ', ;� que,lowa !i SubSCTlbed to befOPe me, a Notar PubI1C lri anCl fOT' The legal tlescription ', � y ofthe proposed annex- ; { DubuClue COurity, IOWa, ation territory is:.'. : The NortYi '/x of the !I Northeast '/a of the ' � this /�' day of �'t�„� � 20 /�j Northwest�/a�o�s��t�o�.: _�_ 5,,Township 88 North, Range 2 East of the;5,th,;� P.M:,in Dubugae Coun- ty;lowa,Ex'cepting:Lot;, A;of the North�/z of tiie , ;i Northeast �/a of the Northwest!/a of Section I otary blic in and for Dubuq County, Iowa. s, ToWnsmp.'ss Nortn,' � Range 2JEast of the 5th '� J P:M.; County� of ; ' Dubuque, State ofi ; ;i lowa, Also`,.=Excepting:l F � �s� � ��,�.��-��of�� Lot B of the North'/z of ' � � �^�� t�le Northeast'/ti of the j � is �" � � ��;,- '� � 4�€7ms�i��ior�N�!��er i5��5 rvortnwest�ig of sect�on�� 5,Township 88 North, � d �`� , �y�y��pj;��ipn�=xp.F��.�i,202q Range 2 East of the 5th' � ,,�.,_�t�no.-po�,.,R,.;.,�.,.,,--,,,,�°,a.�..m�.'�.'°�'"'"_ p:M., County'of Dubu-.; que,State of lowa. ` � At the public hearing, ' all' interested parties u may preseRt oral and� � written comments re- garding the proposal,. Copies,of supporting.' documents for the pub- � lic.hearing are on file in the City Clerk's O�ce, 50= W. 13th .Str��t,,; u Dubuque, and may be 'viewed tluring normaf working hours. �^ Any visual or hearing- impaired persons need-� ing special assistance-� or,persons with special: accessibility 'needs sfiould contact'the City Clerk's Office,at (563:) 589-4100 or'TDD:(563)' 690-6678 at least 48�� hours prior to fhe' meeting. Kev�n S.Firnsfahl;. �� City C�erk lt 2/22 a Terry Dempewolf Alliant Energy 8000 Chavenelle Dr Dubuque, IA 52002 Jonathan Herbst Century Link 1600 John F. Kennedy Rd Dubuque, IA 52001 Rob McDonald Mediacom 3033 Asbury Rd Dubuque, IA 52001 Stephen Kness Windstream 1450 N Center Point Rd Hiawatha, IA 52233 Kyle Manders Bernard Telephone 110 Jess St PO Box 68 Bernard, IA 52032 Matt Yach Wisconsin Independent Network 800 Wisconsin St Ste 219 Eau Claire, WI 54703 Rosalyn Beavers Unite Private Networks 7200 NW 86th St Ste M Kansas City, MO 64153 Nicholas Sorenson USIC 901 Rockford Rd SW Cedar Rapids, IA 52404 Ryan Timm AT&T Corp 620 9th St Des Moines, IA 50309 Cassie Hiatt Black Hills Energy 1015 Cedar Cross Rd Dubuque, IA 52003 Blake Patrick BP Pipeline 150 W Warrenville Rd Naperville, IL 60563 Chad Levi ITC 123 5th St SE Cedar Rapids, IA 52401 Keith Brimeyer Comelec 4190 Pennsylvania Ave Dubuque, IA 52002 Rick Billups CS Technologies, Inc. 125 N 2nd St Eldridge, IA 52748 Robbie Province Verizon 11636 Lakeland Rd St Louis, MO 63146 Brent Giese Century Link 3908 Utica Ridge Rd Bettendorf, IA 52722 Jeff Welty Black Hills Energy 1015 Cedar Cross Rd Dubuque, IA 52003 Mike Broderick Iowa Communications Network 400 E 14th St Des Moines, IA 50319 Nik Schulte Maquoketa Valley Electric Coop 109 N Huber St Anamosa, IA 52202 Justin Stinson ImOn Communications 101 3rd Ave SW, Ste 400 Cedar Rapids, IA 52404 Dan Hogan Unite. Private Networks 7200 NW 86th Ste M Kansas City, MO 64153 Steve Lueck Iowa DOT 14117 Iowa 136 N PO Box 325 Dyersville, IA 52040 11 111111 11 u� 11111 1111111 IIIIVVIYII 11 i 11 Doc ID: 010312200005 Type GEN Kind: ANNEXATION Recorded: 07/15/2019 at 02:28:05 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder F11e2019-00007394 Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St, Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall, 50 W. 13th St. Telephone: 589-4121 RESOLUTION NO. 101-19 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 Michael Portzen, SWAD, LLC for the voluntary annexation of 28.48. acres of_ property owned by Carolyn S. Haupert Trust, which is located south of the Southwest Arterial, west of English Mill Road and north of the English Ridge Subdivision as shown on Exhibit A and legally described as: The North '1/2 of the Northeast 1/4 of the Northwest'/ of Section 5, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, Excepting: Lot A of the North 1/2 of the Northeast % of the Northwest'/ of Section 5, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, Also, Excepting: Lot B of the North 1/2 of the Northeast'/ of the Northwest 1/4 of Section 5, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa; and Whereas, the annexation territory has direct connection to the City of Dubuque, Iowa Corporate Limits; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any State or railroad 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 from Michael Portzen, SWAD, LLC for the voluntary annexation of 28.48 acres of property owned by Carolyn S. Haupert Trust hereby be approved for annexation to the City of Dubuque. al f C-4 j CA -or -1C Resolution No. 100-19 Page 2 Section 2. That subject to the acknowledgement by the Secretary of State that the legal description, rnap and resolution have been received, the corporate limits of the City of Dubuque be, and they hereby extended to include the 28.48 acres of property as shown on Exhibit A. 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 not in urbanized area of another city. Section 4. That the territory hereby annexed shall become a part of Ward One of the City of Dubuque. Section 5. That the City Clerk shall file this resolution, all exhibits and the applications for voluntary annexation with the Secretary of State in accordance with the provisions of Chapter 368 of the Iowa Code. Passed, approved and adopted this 18th day of March 201 . Attest: Or: Kevin Firnstahl, City CI Roy D. Buol, Mayor F:\Users\Wwernimo\Annexation\Michael Portzen, SWAD, LLC\Annexation Michael Portzen SWAD LLC Approving Resolution.doc STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 101-19 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 10th day of July, 2019. `,. • • Kevin Firnstahl, CMC, City Clerk DISCLAIMER: This information was compiled using the Dubuque Area Geographic Information System (DAGIS), which includes data created by both the City of Dubuque and Dubuque County. It is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate information available, DAGIS and its suppliers do not warrant the accuracy or currency of the information or data contained herein. The City and participating agencies shall not be held liable for any direct, indirect, incidental, consequential, punitive, or special damages, whether foreseeable or unforeseeable, arising out of the authorized or unauthorized use of this data or the inability to use this data or out of any breach of warranty whatsoever. Legend Property to be Annexed - 28.48 Acres Dubuque City Limits PAUL D. PATE SECRETARY OF STATE May 23, 2019 Kevin Firnstahl City of Dubuque 50W13thSt Dubuque, IA 52001 Re: Resolution: 101-19 Dear Mr. Firnstahl: LUCAS BUILDING DES MOINES, IOWA 50319 0 0 .0 cr1- ca 0 > 0 CD w cs m 0 i 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 March 18, 2019 has 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 territories extend 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, Christy Wilson Iowa Secretary of State's Office 321 E. 12th St. Des Moines, IA 50315 Christy.Wilson@sos.iowa.gov Cc: Annexations, Iowa Department of Transportation Matt Rasmussen, City Development Board Administrator cw/mcs Phone 515-281-5204 Fax 515-242-595 sos@sos.iowa.gov sos.iowa.gov iowa.gov