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Annexation 704 acres W of DbqMEMORANDUM November 24, 2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager New Date for Public Hearing on Voluntary Annexation For the voluntary annexation of approximately 704 acres west of Dubuque, including non-consenting owners, it has recently been discovered that the notification requirements in the Iowa Code necessitate duplicate mailings by both certified mail and regular mail to similar lists of interested parties. Although all parties were notified of the December 1 hearing, they were not notified by both methods. Planning Services Manager Laura Carstens is recommending that the public hearing for the annexation scheduled for December 1,2003, be tabled to January 5, 2004 or January 19, 2004, to allow sufficient time to re-notify all interested parties. Since there may be interested parties at the December 1, 2003 meeting, the City Council can choose to accept public comments at that time. The City Council will need to cladfy for the audience that the official public hearing will be in January 2004, and that any comments received on December 1, 2003 will not be part of the record. The City Council also can encourage the public to attend the public hearing in January or submit written comments if unable to attend. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic?~Millige~ MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager MEMORANDUM November 24, 2003 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager~___.~ SUBJECT: New Date for Public Hearing on Voluntary Annexation For the voluntary annexation of approximately 704 acres west of Dubuque including non-consenting owners, I recently discovered that the new notification requirements in the recently adopted statute and the old notification requirements in the Iowa Code necessitate duplicate mailings by both certified mail and regular mail to similar lists of interested parties. A public hearing on this annexation is scheduled for the City Council's December 1, 2003 meeting. Although all interested parties were notified, they were not notified by both methods. Our annexation legal consultant has checked with the staff of the State of Iowa's City Development Board on this situation. Both the Board staff and our consultant have concluded that the most appropriate action is to table the public hearing for the annexation until January, and then re-send the notifications by both methods. We recommend that the public hearing for the annexation be tabled to either Monday, January 5, 2004, or Monday, January 19, 2004, to allow us sufficient time to re-notify all interested parties. The requested action is for the City Council to move to table the public hearing on the voluntary annexation to January 5 or January 19, 2004. Since there may be interested parties at the December 1, 2003 meeting, the City Council can choose to accept public comments at that time. The City Council will need to clarify for the audience that the official public hearing will be in January, 2004, and that any comments received on December 1, 2003 will not be part of the record. The City Council also can encourage the public to attend the public hearing in January or submit written comments if unable to attend. cc Barry Lindahl, Corporation Counsel Jeanne Schneider, City Clerk City Manager's Office City Hall 50 West 13th Street Dubuque, iowa 52001-4864 (563) 5894110 office (563) 589-4149 fax ctymgr@cityofdubuque.org NOTICE OF PUBLIC HEARING The Dubuque City Council will hold a public headng on a voluntary annexation request for approximately 704.5 acres of land that includes non-consenting property owners. The public bearing will be held: DATE: Monday, December I 2003 TIME: 6:30 p.m. PLACE: Auditorium. Carnegie Stout Public Library 360 W. 11th Street, Dubuque, Iowa At the public hearing, all interested parties may present oral and written comments regarding the proposal. The request is to voluntarily annex approximately 690 acres of pdvate property, including approximately 47 acres without the consent of the property owners to comply with State law to avoid creating an island of unincorporated territory, and approximately 14.5 acres of adjacent County right-of-way along Middle Road, Seippel Road, Heacock Road and Asbury Road that currently lie outside a city. Exhibit A is a map showing the annexation territory in relationship to the City of Dubuque. City parcel numoers are referenced in Exhibit B and Exhibit C as noted below. Exhibit B consists of the individual applications of proper~y owners requesting voluntary annexation. The applications reference the City parcel numbers shown on the map (Exhibit A). Exhibit C is a chart that includes the legal descriptions for applications of property owners ,equesting voluntary annexation, for non-consenting property owners, and for adjacent County right-of-way along Middle Road Seippel Road, deacock Road and Asbury Road that currently lie outside a city. The char[ references City parcel numoers shown on the map (Exhibit A). Additional information is available dudng regular business hours at: Planning Services Department. City Hall, Second Floor. 50 W. 13th Street, Dubuque. IA 52001, telephone (563) 589-4210. Wdtten comments may be sent to the Planning Services Department at this same address, by fax at (563) 589-4221 or by e-mail to plannin~C,,cityofdubuque.or,q. Individuals with limited English proficiency, or vision, hearing or speech impairments requmng special assistance should contact the Planning Services Department at (563) 589-4210 at least 48 hours prior to the meeting. CITY OF DUBUQUE: VOLUNTARY ANNEXATION WITH NON-CONSENTING PROPERTY OWNERS EXHIBIT A MAP OF ANNEXATION TERRITORY City of Asbury 2 - - - N [4 Parcels 13a - 13q ............... city water (proposed mains A & B -- City water (e~[stJng) -- Ci~ sewer (exis[ing) City sewer (proposed co][ec~ors A & B) ............... Callahan sewer collector (planned) Asbury city limits ~-- Dubuque city limits 11 City of Dubuque CITY OF DUBUQUE: VOLUNTARY ANNEXATION WITH NON-CONSENTING PROPERTY OWNERS EXHIBIT B APPLICATIONS FOR VOLUNTARY AN NEXATION The Honorable Mayor & City Council Members City of Dubuque City Hall - 50 W. 13tt~ Street Dubuque IA 52001 RE: Voluntary Annexation Request Dear Mayor & City Council Members: We, Terrence, Martin & Linda Bahl, owners of 42 15 acres of property located along Asbury Road tegally described as the Lot 1-1-1-1-1 W 1/2 NW lying N of Road Section 19 T89N R2E: Lot 5 SW Section 18 T89N R2E in Dubuque County, Iowa, request annexation of this property to the City of Dubuque, Iowa. This parcel is #1 on the Annexation Exhibit A map enclosed for your information. Sincerely, Terrence G. Bahl ..Lind~ C. Bahi Dated August /~, 2003 l~artin J. Ba/nl Dated August ~ 2003 Dated August ,/~.~, 2003 The Honorable Mayor & City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Voluntary Annexation Request Dear Mayor & City Council Members: We, the members of the Wilfred R. Bahl Family Ltd Partnership with ~ interest and as individuals with a shared ~ interest, as the owners of 146.86 acres of property located along Asbury Road, legally described Lot 1-1-1-1-1 W 1/2 NVV Lying S of Road Section 19 T89N R2E;. Lot 2-1-1 $ Lot 2-1 ~E NW Section 19 T89N_ R2E; N1/2 of the NE SW Section 19 T89N R,?.E; Nl/2 of the NVV SE Section 19 T89N R2E; NW SE Section 24 T89N R1 E; SW SE Section 24 T89N R1 E; W 1/2 SE SE Section 24 T89N Ri E; NE NW Section 19 T89N R2E in Dubuque County, Iowa, request annexation of this property to the City of Dubuque, Iowa. This parcel is #2 on the Annexation Exhibit A map enclosed for your information. _ Sincerely, ~-....~ilfre~ R'. BAhl, Jr. '- Ini3Mdual and gene_ral partner Dated August /3,2003 rrence G. Bahl Individual and general partner Dated August /~ , 2003 Vic'l~ BahJ -~ Spouse Dated August /~., 2003 Indig~u~l dfld general partner Dated August /--~, 2003 .)ahice Bahl Spouse Dated August ~ '~, 2003 Bahl Family Annexation Request Page 2 of 2 Martin J Ba - Ind~wdual and general partner Dated August ,2003 Marie Miller Individual and general partner Dated August ! ~, 2003 Lind'a Bahl - Spouse e.~August /3,2003 Charles Miller Spouse Dated August /.~ , 2003 The Honorable Mayor & City Council Members City of Dubuque City Hall- 50 W. 13~ Street DubuqJe IA 52001 RE: Voluntary Annexation Request Dear Mayor & City Council Members: We, Eldon & Loretta Bahl, owners of 108.35 acres of property along Middle Road, legally described as the South 112 of the NW SE Section 19 T89N R2E; Lot 1. of the SE of the SW Section 19 T89N R2E; South 1/2 of the NE SW Section 19 T89N R2E; Lot I of the West 30 Acres of the SW SE Section 19 T89N R2E in Dubuque County, Iowa, request annexation of this property to the City of Dubuque, Iowa. This parcel is #3 on the Annexation Exhibit A map enclosed for your information. Sincerely, Eldon J. Bahl Dated August /'¢- , 2003 Dated August /~,7~, 2003 The Honorable Mayor & City Council Members City of Dubuque City Hall - 50 W. 13~ Street Dubuque IA 52001 RE: Voluntary Annexation Request Dear Mayor & City Council Members: We, Steven & Sandra Bahl, owners of 10.00 acres of properzy located at 14285 Middle Road. legally described as the East 10 Acres of the SW SE Section 19 T89N R2E in Dubuque County, Iowa, request annexation, of this property to the City of Dubuque, Iowa. This parcel is #4 on the Annexation Exhibit A map enclosed for your information. Sincerely, ndra Baf~l ' Dated August /2_, 2003 Dated August ] ~,, 2003 The Honorable Mayor & City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Voluntary Annexation Request Dear Mayor & City Council Members: I, Marilyn Blake. owner of 37.20 acres of property along Middle Road legally described as Lot 1 of the SE SE Section 19 T89N R2E in Dubuque County, Iowa, request annexation of this property to the City of Dubuque, Iowa. This parcel's #5 on the Annexation Exhibit A map enclosed for your information. The acceptance of this agreement is subject the adoption of an amendment to the City of Dubuque Code of Ordinances by the City of Dubuque City Council granting to the City Manager the authority to exempt property owners from the requirement of connections to the City sanitary sewer if the sewer is within 200 feet of the property line when the City Manager determines that such connection would be impracticable or would exact an undue hardship because of the conditions pertaining to the property in question. Sincerely, Marilyn Bl~e Dated August I ~- , 2003 The Honorable Mayor & City Council Members City of Dubuque City Hall - 50 W, 13th Street Dubuque IA 52001 RE: Voluntary Annexation Request Dear Mayor & City Council Members: We, Joseph J. & Mary A. Behnke, owners of 76.32 acres of property along Middle Road, legally described as Lot 1-1-1-2 NE NE Section 30 T89N R2E; SE NE Section 30 T89N R2E in Dubuque County, Iowa, request annexation of this properly to the City of Dubuque, Iowa. This parcel is #6 on the Annexation Exhibit A map enclosed for your information. Sincerely, J~seph M'ary A. E(ehnke Dated August //¢, 2003 Dated August J__/~._, 2003 The Honorable Mayor & City Council Members City of Dubuque City Hall - 50 W. 13~ Street Dubuque IA 52001 RE: Voluntary Annexation Request Dear Mayor & City Council Members: We, Terrence, Martin & Linda Bahl, owners of 99.5 acres of property along Middle Road, legally described as the NW SE Section 24 T89N R1E; SW SE Section 24 T89N RIE; W 1/2 SE SE Section 24 T89N R1E in Dubuque County, iowa, request annexation of this property to the City of Dubuque, iowa. '~his parcel is #7 on the Annexation Exhibit A map enclosed for your information. Sincerely, Terrence G. Bahl Linda C. Bahl Dated August /'f'~, 2003 Martin J. Bal'-/' Dated August /,._~ , 2003 August /_~, 2003 Dated Cullahan Construction, Inc. 12831 Noble Ridge Dubuque, Iowa 52002 563-588-4273 June a0, 200~ Honorable Mayor Terry Duggan and Council Members City of Dubuque 50 West 13a Street Dubuque, Iowa 52001-4845 Re: Request for Voluntary Annexation Dear Mr. Mayor Terry Duggan and Council Members: I am requesting the annexation of property legally described as Lot 1 of the south west ¼ of the north west ¼ and Lot 2 of the south east ¼ of the north west ¼ ha Section 30, Township 89 North, Range 2 East of the 5~ p.m. in Dubuque County, Iowa. This application is concurrent with rezonhag of the above property. The 40 acre parcel east of Seippel Road and north of the Dubuque Industrial Center West is currently county R-2. I am requesting a change to a combination of CS Commercial Service and Wholesale District and R-2 Two Family Residential District The plat I am proposing for the 40 acre parcel to the east consists of 112 sin~e family affordable residential lots, 10 commercial lots and 3 acres of land for a park. Phase One of the project includes 48 residential lots and 10 commercial lots. Phase Two would represent 64 residential lo~s. The residential portion of this development is planned for starter homes in the price range of $100,000.00te $.140,000.00 to serve families in the 85% of median family income bracket. I feel that th~s development will provide more affordable alternatives and also be attractive to businesses as housing affects employees that work for them. The costs associated with the proposed development are substantial and can prevent such subdivisions from being pursued. Therefore, Callahan Construction, Inc. is respectfully requesting the Cit~ of Dubuque's assistance and support to facilitate the ~velopmenc Thank you for your time and considerafiom Shacerety, Joel M. Callahan, President This parcel is #11 on the Annexation Exhibit A map enclosed for your information. The Honorable Mayor & City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque fA 52001 RE: Voluntary A~nexafion Request Dear Mayor & City Council Members: I, Joel Callahan, President, Caltahan Construction Inc., owner of 74.94 acres of property along Middle Road, legally described as NE NE Section 25 T89N R1E; Lot 1-1 SE NE Section 25 T89N R1E; Lot2 SE NE Section 25 T89N R1E in Dubuque County, Iowa, request annexation of this property to the City of Dubuque, Iowa. This parcel is #12 on the Annexation Exhibit A map enclosed for your information. This application is concurrent with rezoning of the above property. I am requesting to a combination of CS Commercial Services and Wholesale District and LI Light Industrial District as shown on the enclosed aerial photo. Sincerely, o~han, President Callahan Conszruction Inc. Dated August 14 , 2003 The Honorable Mayor & City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Voluntary Annexation Request Dear Mayor & City Council Members: We, Charles M. & Marie C. Miller, owners of .286 acres of property along Asbury Road, legally described as Lot 2 of the SE of the NW Section 19 T89N R2E in Dubuque County, Iowa, request annexation of this property to the City of Dubuque, Iowa. Tl~is parcel is #13a on the Annexation'Exhibit A map enclosed for your information. ~-.~cerety, Charles M. Miller Marie C. Miller Dated August /o~.2003 Dated August ~¢~, 2003 The Honorable Mayor & City Council Members City of Dubuque City Hall - 50 W. 13~ Street Dubuque IA 52001 RE: Voluntary Annexation Request Dear Mayor & City Council Members: We. Mark A. & Michelle M, Bahl, owners of 1 00 acre of property along Middle Road, legally described as Lot 2 of the SE SW Section 19 T89N R2E and Lot 2 of the W 30 acres of the SW SE Section 19 T89N R2E in Dubuque County, Iowa, request annexation of this property to the City of Dubuque, Iowa, This parcel is ¢13b on the Annexation Exhibit A ma p enclosed for your information. Sincerely, M~chetle M Bahl ' Dated August /~, 2003 Dated August /'~ 2003 The Honorable Mayor & City Council Members City of Dubuque City Hall - 50 W. 13~ Street Dubuque IA 52001 RE: VoluntarY Annexation Request Dear Mayor & City Council Members: We, Mark L. & Amaelia L. Pasker, owners of .80 acre of property along Middle Road, legatly described as Lot 2 of SE SE Lot 2 Section 19 T89N R2E in Dubuque County, Iowa, request annexation of this property, to the City of Dubuque, Iowa. This parcel is #13c on the Annexation Exhibit A map enclosed for your information. Sincerely, Mark L. Pasker ,~maelia L. Pasker Dated August ~ ~, 2003 Dated August /~ , 2003 The Honorable Mayor & City Council Members City of Dubuque City Hall - 50 W. 13TM Street Dubuque iA 52001 RE: Voluntary Annexation Request Dear Mayor & City Council Members: We. Francis J & Darlene McDonald, owners of 1.01 acres ~f property along Middle Road. legally described as Lot 2-1-2 of the NE NE Section 30 T89N R2E 'n Dubuque County, Iowa, request annexation of this property to the City of Dubuque, Iowa. This parcel is #13d on the Annexation Exhibit A map enclosed for your information. Sincerely, Francis J. McfConald Darlene McDonald Dated August //¢', 2003 Dated August /z/, 2003 Ru~ 13 03 05:07p Plannin~ 31~-588-,~2I TheHonorable Mayor & City Council Members City of Dubuque City Hail - 50 W. 13~ Street Dubuque IA 52001 RE: Voluntary Annexation Request Dear Mayor & City Council Members: W~, Mark & Kimmie Heins, owners of 0.87 acre of property along Middle Road, legally described as Lot 2-2 of the NE NE Section 30 T89N R2.E in Dubuque County, Iowa, request annexation of this property to the City of Dubuque, Iowa. This parc. e] is #13e on the Annexation Exhibit A map enclosed far your information, Sincerely, Kimmi¢ Heins Dated August .../.,~, 2003 Dated August /_-~ , 2003 The Honorable Mayor & City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 AUG ! 8 2OO3 __ PLANNING SERVICES DEPAITfMEI~' RE: Voluntary Annexation Request Dear Mayor & City Council Members: We, Douglas M. & Dianne M. Fdtsch, owners of 0.40 acre of property along Middle Road, legally described as Lot 1 of the N E NE Section 3o T89N R2E and Lot 2-1-1-2 of the NE NE Section 30 T89N R2.E in Dubuque County, Iowa, request annexation of this property to the City of Dubuque, Iowa. This parcel is #13f on the Annexation Exhibit A map enclos~.~~.f4~ation. Sincerely, ,,~ .. ~ / Dated//August / ~, 2003 Dated August _~)__, 2003 The Honorable Mayor & City Council Members City of Dubuque City Hall - 50 W. 13t" Street Dubuque IA 52001 RE: Voluntary Annexation Request Dear Mayor & City Council Members: I. Elaine M. White. owner of 0.41 acre ~)f oroperty alon9 Middle Road, legally described as Lot 2 of the NW NE Section 30 T89N R2E in Dubuque County, Iowa, request annexation of this p~opep:y to the City of Dubu(~ue, Iowa. This parcel is #13g on the Annexation Exhibit A ma p enclosed for your information. Sincerely, Elaine M. White Dated August ]_~_, 2003 The Honorable Mayor & Ci~ Council Members City of Dubuque City Hall-50W. 13~ Street Dubuque IA 52001 RE: Voluntary Annexation Request Dear Mayor & City Council Members: We, Lloyd C, & Jane A. steffen, owners of 0,421 acres of property along Middle Road, legally described as Lot 2-1 of the NW NE Section 30 T89N R2E in Dubuque County, iowa, request annexation of this property To the City of Dubuque, Iowa. This parcel is #13h on the Annexation Exhibit A map enclosed for your information. Sincerely, Steffen// ~'Jane A. Steffen ~' Dated August r/.-~, 2003 Dated August /,~,2003 The Honorable Mayor & City Council Members City of Dubuque City Hall - 50 W..13t~ Street Dubuque IA 52001 RE: Voluntary Annexation Request Dear Mayor & City Council Members: We, Alien F. & Mary Ann Lex, owners of 0.52 acre of oroperty along Middle Road, legally described as Lot 2 Sub E 10 Acres NE NW Section 30 T89N R2E in Dubuque County, Iowa, 'equest annexation of this property to the City of Dubuque. Iowa. This parcel is #13i on the Annexation Exhibit A map enclosed for your information. Sincerely, Allen F. Lex Dated August,L~ 2003 Dated August ~)/-/L , 2003 The Honomble Mayor & City Council Members City of Dubuque City HalI-50W. 13th Street Dubuque IA 52001 RE: Voluntary Annexation Request Dear Mayor & City Council Members: We, Kenneth R. & Maurine D. Harris, owners of 1.002 acre of property along Seippel Road legally described as Lot 2-1 of the SE NE Section 25 T89N R1E in Dubuque County, iowa, request annexation of this property to the City of Dubuque, Iowa. This pamel is #13o on the Annexation Exhibit A map enclosed for your information. Sincerely, J~;~enneth R. Harris Ma{Jdne D. Harris Dated S~Y~-~ , 2003 Dated September Z~ , 2003 The Honorable Mayor & City Council Members City of Dubuque City Hall - 50 W. 13~ Street Dubuque IA 52001 RE: Volunt.a~ Annexation Request Dear Mayor & City Council Members: We, Gene & Jean Potts, owners of 0.67 acre of property along Asbury Road. legally described as Lot I of Potts Place lying outside the Asbury city limits in SV/ liE T89N R2E in Dubuque County, Iowa, request annexation of this property to the City of Dubuque, Iowa. This parcel is #13p on the Annexation Exhibit A map enclosed for your information. Sincerely, G e n"e~"J. Pot-ts J~n A. Pot'ts Dated August .~._, 2003 Dated August /...~, 2003 The Hono~ble Mayor& City Council Membe~ City of Dubuque City HalI-50W. 13th Street Dubuque IA 52001 RE: Voluntary Annexation Request Dear Mayor & City Council Members: We, Wilfred R. Jr. & Vicky L. Bahl, owners of 0.86 acres of property located along Asbury Road, legally described as Lot 1-1-1 SE NW Section 19 T89N R2E in Dubuque County, Iowa, request annexation of this property to the City of Dubuque, Iowa. This parcel is #13q on the Annexation Exhibit A map enclosed for your information. Sincerely, Vicky b BSf~II~ ' Dated August ! ~., 2003 Dated August ,/¢.¢, 2003 CITY OF DUBUQUE: VOLUNTARY ANNEXATION WITH NON-CONSENTING PROPERTY OWNERS EXHIBIT C LEGAL DESCRIPTIONS CITY OF DUBUQUE: VOLUNTARY ANNEXATION WITH NON-CONSENTING PROPERTY OWNERS City Map County Property Owner Non- Parcel# Parcel ID # Legal Description Acreage Name and Address Consenting 1 10,19.101.003 Lot 1-1-1-1~1 W 1/2 NW lying N of Road Section 19 T89N R2E 40,850 Terrence Baht & Martin & Linda Bahl 10,18.353.007 Lot 5 SW Section 18 T89N R2E 1,300 14701 Asbury Road Dubuque, IA 52002 2 10.19.151.007 Lot 1-1-1-1-1 W 112 NW Lying S of Road Section 19 T89N R2E 30.000 Wilfred Bahl Family LP - 1/2 and 10,19,176.005 Lot 2-1-1 of the SE NW Section 19 T89N R2E 36,570 Wilfred Bahl Jr. etal - 1/2 10.19.176.002 Lot 2-1 of the SE NW Section 19 T89N R2E 0.286 14515 Asbury Road 10,19.326,001 Nl/2 of the NE SW Section 19 T89N R2E 20.000 Dubuque, IA 52002-9302 10.19.400,001 Nl/2 of the NW SE Section 19 T89N R2E 20,000 10.19.126.001 NE NW Section 19 T89N R2E 40.000 3 10.19.400.002 South 1/2 of the NW SE Section 19 T89N R2E 20,000 Eldon J Bahl - Dec. of Trust and 10,19.376.001 Lot 1 of the SE of the SW Section 19 T89N R2E 39,320 Loretta C Bahl - Dec. of Trust 10,19.326.002 South 1/2 of the NE SW Section 19 T89N R2E 20.000 14453 Middle Road 10.19.400.004 Lot I of the West 30 Acres of the SW SE Section 19 T89N R2E 29,030 Dubuque. IA 52002 4 10.19.400.006 East 10 Acres of the SW SE Section 19 T89N R2E 10.000 Steven & Sandra Bahl 14271 Middle Road Dubuque. IA 52002 5 10.19.400.007 Lot 1 of the SE SE Section 19 T89N R2E ~ 37,200 Madlyn Blake 5225 Valley Forge Road Asbury, IA 52002 6 10.30.226.004 Lot 1-1-1-2 NE NE Section 30 T89N R2E 36.720 Joseph & Mary Behnke 10,30.276,001 SE NE Section 30 T89N R2E 39.600 14078 Middle Road Dubuque, IA 52002 7 09.24.401.001 NW SE Section 24 T89N R1E 40.000 Terrence Bahl & Martin & Linda Bahl 09.24.451.001 SW SE Section 24 T89N R1E 40.00(: 14701 Asbury Road 09.24.476.001 W 1/2 SE SE Section 24 T89N R1E 19.50(: Dubuque, IA 52002~9329 page 1 CITY OF DUBUQUE: VOLUNTARY ANNEXATION WITH NON-CONSENTING PROPERTY OWNERS City Map County Property Owner Non- Parcel # Parcel ID # Legal Description Acreage Name and Address Consenting 8 10.30.101.007 Lot 1 of the East 901.6' of the North 650' of 1.000 Harotd Nimmick X Lot 1 of A. Tigges Sub of the NW NW Section 30 T89N R2E 2301 Burr Oak 10.30.101.008 Lot 2-2 of the East 901.6' of the North 650' of 1.000 Dubuque, IA 52002 Lot 1 cfA. Tigges Sub of NW NW Section 30 T89N R2E 10.30.101.009 Lot 1-2 of the East 901.6' of the North 650' of 11.450 Lot 1 of A. Tigges Sub of NW NW Section 30 T89N R2E 9 10.30.101.005 Lot 2 of Part of Lot 1 of A. Tigges Sub Section 30 T89N R2E 1.000 Peter Henkels X 10.30.101.006 Lot 2-1 of Part of Lot 1 of A. Tigges Sub Section 30 T89N R2E 1.000 13910 Seippel Road 10.30~101.010 Part of Lot 1-1-1 of A. Tigges Sub NW NW Section 30 T89N R2E 11.290 Dubuque, IA 52002 10 10.30.101.011 Southerly 10.25 Acres of Lot 1 cfA. Tigges Sub T89N R2E 10.250 Rosean Mary Schromen Wilson X 13804 Seippel Road Dubuque, IA 52002 11 10.30.151.001 Lot 1 of the SW of the NW of Section 30 T89N R2E 38.250 Catlahan Construction 10.30.176.001 Lot 2 of the SE of the NW of Section 30 T89N R2E 1.000 12831 Noble Ridge Dubuque, IA 52002 12 09.25.226.001 NE NE Section 25 T89N R1E 37.600 Callahan Construction 09.25.276.001 Lot 1-1 SE NE Section 25 T89N R1E 37.250 12831 Noble Ridge 99.25.277.001 Lot 2 SE NE Section 25 T89N R1E 0.090 Dubuque, IA 52002 13a 10.19.176.003 Lot 2 of the SE of the NW Section 19 T89N R2E 0.286 Charles & Marie Miller 14510 Asbury Road Dubuque, IA 52002 13b 10.19.400.005 Lot 2 of the SE SW Section 19 T89N R2E 0.030 Mark & Michelle Bahl Lot 2 of the W 30 acres of the SW SE Section 19 T89N R2E 0.970 14491 Middle Road Dubuque, IA 52002 page 2 CITY OF DUBUQUE: VOLUNTARY ANNEXATION WITH NON-CONSENTING PROPERTY OWNERS City Map County Property Owner Non- Parcel # Parcel ID # Legal Description Acreage Name and Address Consenting 13c 10.19,400.008 Lot 2 of SE SE Lot 2 Section 19 T89N R2E 0.800 Mark & Amaelia Pasker 14073 Middle Road Dubuque, IA 52002 13d 10.30.226,003 Lot 2-1-2 of the NE NE Section 30 T89N R2E 1,010 Francis & Darlene McDonald 14014 Middle Road Dubuque, IA 52002 13e 10.30.226.002 Lot 2-2 of the NE NE Section 30 T89N R2E 0.870 Mark & Kimmie Heins 14192 Middle Road Dubuque, IA 52002 13f 10.30.226.001 Lot 1 of the NE NE Section 30 T89N R2E and 0.400 Douglas & Dianne Fritsch Lot 2-1-1-2 of the NE NE Section 30 T89N R2E 14238 Middle Road Dubuque, IA 52002 13g 10.30.201,002 Lot 2 of the NW NE Section 30 T89N R2E 0,410 Elaine White 14454 Middle Road Dubuque, IA 52002 13h 10.30,201.001 Lot 2-1 of the NW NE Section 30 T89N R2E 0.421 Lloyd & Jane Steffen 14480 Middle Road Dubuque, IA 52002 13i 10.30.126,002 Lot 2 Sub E 10 Acres NE NW Section 30 T89N R2E 0.520 Allen & Mary Ann Lex 14512 Middle Road Dubuque, IA 52002 13j 10.19.351,008 Lot 1-4-1 of the SW SW Section 19 T89N R2E 2.606; Stanley & Lou Ann Ward X 14085 Sandpiper Lane Dubuque, IA 52002 page 3 CITY OF DUBUQUE: VOLUNTARY ANNEXATION WITH NON-CONSENTING PROPERTY OWNERS City Map County Property Owner Non- Parcel # Parcel ID # Legal Description Acreage Name and Address Consenting 13k '10.19.353.002 Lot 2-6-1 of the SW SW Section 19 T89N R2E 1.969 Karen Cogan X 73626 260th Street Colo, IA 50056 131 10.19.351.009 Lot 2-4-1 of the SW SW Section 19 T69N R2E 1.955 Wayne Siebert X 14063 Sandpiper Lane Dubuque, IA 52002 13m 10.19.353.003 Lot 1-6-1 of the SW SW Section 19 T89N R2E 2.664 Donald & Luella Cogan X 14094 Berry Lane Dubuque, IA 52002 13n 10.30.101.003 Lot 4 of A. Tigges Sub Section 30 T89N R2E 0.500 Mary Krabbenhoft X 10.30.101.004 Lot 5 orA. Tigges Sub Section 30 T89N R2E 0.500 14926 Middle Road Dubuque, IA 52002 130 09.25.276.002 Lot 2-1 of the SE NE Section 25 T89N R1E 1.002 Kenneth & Maurine Harris 13503 Seippel Road Dubuque, IA 52002 13p 10.19.252.012 Lot 1 of Ports Place lying outside the Asbury city limits in 0.671 Gene & Jean Potts SW NE Section 19 T89N R2E 14478 Asbury Road Dubuque, IA 52002 13q 10.19.176.004 Lot 1-1-1 SE NW Section 19 T89N R2E 0.860 Wilfred & Vicky Bahl 14515 Asbury Road Dubuque, IA 52002 page 4 CITY OF DUBUQUE: VOLUNTARY ANNEXATION WITH NON-CONSENTING PROPERTY OWNERS Acreage with Dubuque County Right-of-Way for Adjoining Secondary Roads Legal Descriptions Right-of-way to the centerline of Asbury Road adjoining the annexation territory and lying outside a city 3.837 Right-of-way to the centerline of Heacock Road adjoining the annexation territory and lying outside a city 0,975 Right-of-way to the centerline of Seippet Road adjoining the annexation territory south of Middle Road and lying outside a city 3.847 Right-of-way to the centerline of Middle Road adjoining the annexation territory and lying outside a city 5.843 Total Right-of-way Acreage 14.502 Calculations of Percentage of Territory with Voluntary Annexation Applications and Percentage of Territory with Non-Consenting Owners including County Right-of-way Total Acres - Voluntary Total Acreage - Non-Consenting Total Acreage - All Parcels Total Right-of-way Acreage Grand Total Percentage Voluntary Percentage Non-Consenting 642.815 47.184 689.999 14.502 704.501 93.16% 6.84% page 5 ~o Douglas & Dianne Fritsch 14238 Middle Rd. Dubuque, Iowa 52002 Home Phone 563-557-8348 Honorable Mayor Terry Duggan & City Council Members 50 West 13th St. Dubuque, Ia. 52001 Dear Mayor Duggan and City Council Members, November 23, 2003 ~ ~- In July of this year my wife Dianne and I were approached by representatives of the city of Dubuque in regards to annexation into the city of our county home. Gus Psihoyos, Laura Carstens, and Mike Van MiMgen thoroughly explained that several owners of larger tracts of land wished to annex into the city of Dubuque to realize some furore land development goals of theirs. If their land was annexed alone it would create islands of county land within the city limits; which by law is not permissible. Therefore Dianne, myself, and my neighbors were being asked to voluntarily annex into the city. Taking into consideration all that the City of Dubuque had to offer, we decided for several reasons not to voluntarily annex in. One of the biggest reasons being the cost of hooking into the city sewer; which for my wife and I will be mandatory. Other reasons include higher taxes, losses of personal freedoms, and road expansions when traffic counts become too high for the existing road; which may in fact result in the removal of our home. Upon further investigation it was revealed that if the larger tracts were annexed and they totaled up to 80% or more of the land being annexed we would be annexed involuntarily. Further more we would not be given the benefits the City of Dubuque was going to give those who voluntarily annexed in ( i.e. deferring the cost of hooking into the city sewer until the house was sold or otherwise disposed of, and the five year tax progression to full city taxes). Diarme and I are raiSing three sons. We are educating them in the Catholic School System here in Dubuque. That combined with a mortgage, saving for higher education for our children, and all of the day to day expenses incurred by a family of five, we felt we could not afford yet another expense. A rather large expense at that. Therefore we felt we had no choice but to unwillingly sign the voluntary annexation form. None the less we felt we needed to voice our opinion;so we included a notation on the voluntary annexation form. We were told by the City Attorney and Mike Van Milligen that this was not allowed. It was also suggested to me by Mike Van Milligen we should cut our losses and just sign the letter. Many of our neighbors feel the same as we do. We feel we were mistreated by the City of Dubuque. We feel we were put in a position where we didn't have a choice. Not to mention this information was dropped on our door step on a Friday evening and had to be returned by the following Wednesday. Not near enough time to gather and comprehend all of the information and the situation. I was raised in the city of Dubuque and was taught to respect my neighbors and to work with them when concerns arose. I was under the impression that these are the same values that the City operates under. Unfommately not in this case. We feel we are having our arms twisted to sign the letter. Sign the letter and take the so-called benefits or else pay the consequences. We hope that you Mr. Mayor and members of the City Council w/il take time to investigate this situation and take the appropriate steps to insure the next time land is going to be annexed into the city the people of the county are treated like neighbors. We also hope the City can work with us, if the annexation is passed, to ease the financial burden placed upon those of us who stand to gain nothing but lose plenty. MEMORANDUM August15,2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Voluntary Annexation Planning Services Manager Laura Carstens is recommending approval of the pre- annexation agreements with property owners along Seippel road and Middle Road, and that a public hearing be set for December 1,2003. The terms of the pre-annexation agreement generally provides property owners who are voluntarily annexing, which is approximately 93% of the approximately 703 acres of land being annexed, with certain benefits. These benefits include: · A five-year discount on the City portion of property taxes; · Interest-free financing for sewer connections to their homes; · The extension of certain sewer and water lines when they develop their property; and, · The City's support of a change in the DMATS long range plan for reconstruction of Middle read to eliminate the reference to a "divided" highway. Another major issue for property owners in the annexation area was that the City Code requires that the owner of any property within 200 feet of a public sanitary sewer has to connect to the property within 365 days. This connection can be delayed up to 15 years from the date that the septic system was installed, if the septic system was properly designed and maintained. For some of the farm properties, the principal residence may be several hundred feet away from the property line. Running a sewer line to the farmstead may be very expensive, if not impractical in some cases. To address this concern, City staff has submitted separately from this packet an amendment to the City Code granting to the City Manager the authority to exempt property owners from the requirement of connection to the City sanitary sewer if the sewer is within 200 feet of the property line when the City Manager determines that such a connection would be impractical or would exact an undue hardship because of the conditions pertaining to the property in question. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/ksf Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager Gus Psihoyos, Assistant City Engineer MEMORANDUM August 15, 2003 TO: FROM: Michael Van Milligen, City Manager Laura Carstens, Planning Services Manager SUBJECT: Annexation Plan Introduction This memo transmits a voluntary annexation request, including land without the owner's consent, for approximately 700 acres on the west side of Dubuque. Enclosed are the petitions for voluntary annexation, a map of the annexation area, a chart that lists the parcel number, property owner, acreage, and whether the owner has consented to the voluntary annexation. Also enclosed is correspondence with the property owners, including a list of questions raised during discussions with City staff. In addition, a pre- annexation agreement, and the owner's acceptance of the Agreement are enclosed. Annexation Process The City of Dubuque has received requests from several property owners to annex approximately 500 acres of farmland along Middle Road, Seippel Road and Asbury Road. To annex property, there must be at least 50 feet of common boundary between the property and the city limits. The City will need to annex all or portions of the rights-of- way for Middle Road, Seippel Road, Asbury Road and Heacock Road to comply with the State Code. To do this annexation, the City also will need to annex a number of smaller properties to meet the State Code. These smaller properties are mostly single family homes. The State Code does not allow a City to annex just the large farms, and leave the smaller lots in the County. This creates "islands" of land in the County, which is against the State Code. State law allows a voluntary annexation to include property without the consent of the owner to avoid creating an island or to create more uniform boundaries. Annexation Plan Page 2 of 6 According to the State Code, the City can include this land without the owner's consent to avoid creating an island and to create more uniform boundaries. This property must not exceed 20% of the total land area included in the annexation request. These types of annexation requests are termed "80/20 voluntary annexations" due to this percentage. As of August 15, 2003, the City has received voluntary annexation petitions from the owners of 93% of the property in the annexation area. The enclosed chart lists the parcel number, property owner, acreage, and whether the owner has consented to the voluntary annexation. Previous correspondence with the property owners had indicated a City Council public hearing date of September 15, 2003. This date was based on the process for 80/20 voluntary annexations revised by the Legislature in 2002. City staff recently learned that earlier this year, the State Legislature adopted new regulations that lengthen the process considerably. The new process is so complicated that the staff for the State of Iowa's City Development Board, which handles annexations, cannot give us a definite time line. To assist the City of Dubuque through this new process, City staff has retained the services of consultants who are experienced in successfully guiding these types of annexations through the State approval process. A new step added to the process for 80/20 voluntary annexations is a consultation with the Dubuque County Board of Supervisors and the Township Trustees for the annexation area. Once the consultation has been held, the City then must notify affected property owners, and hold a public hearing. To give ourselves adequate time to get through this process in compliance with all procedural and notification requirements, we are recommending a new City Council public hearing date of December 1, 2003. If the City Council approves the voluntary annexation to include land without the owner's consent, then the annexation request is sent to the City Development Board in Des Moines. The Board then will schedule a public hearing in Dubuque for all the affected property owners and the County. We anticipate that this will be in February of 2004. The Board must approve this type of annexation request by a four-fifths vote of the members. Annexation Incentives The City's plan was to have as many of the single family homes as possible voluntarily annex to the City of Dubuque, to reduce the number of property owners included without their consent. The City offered two incentives for the owners of these smaller properties to voluntarily annex: 1. a partial exemption of City property taxes over a five-year period; and Annexation Plan Page 3 of 6 2. a delay of the assessment for connection to the sanitary sewer system until the property is sold or otherwise disposed of, if the City requires connection to the sewer system. The State Code does not require the City to offer any incentives for voluntary annexation. City staff developed these incentives to reduce the impact of annexation on the homeowners and to facilitate development of the larger farms. For the first incentive, the resolution approving the applications must provide for the transition for the imposition of City taxes against the Property Owners' properties. The Property Owners' properties would be entitled to the following partial exemption from taxation for City taxes for a period of five years: 1. For the first year, seventy-five percent. 2. For the second year, sixty percent. 3. For the third year, forty-five percent. 4. For the fourth year, thirty percent. 5. For the fifth year, fifteen percent. The second incentive pertains to sanitary sewer connection: "If, following annexation of the Property Owners' properties, City for any reason requires a Property Owner to connect a Property Owner's residence located on the property as of the date of this Agreement to City's sanitary sewer system, City shall pay all costs of connecting such property to the sanitary sewer system. A Property Owner shall be assessed by City for such costs but the assessment shall be deferred without interest until the Property Owner disposes by sale or otherwise of the property on which such residence is located, at which time such assessment (without interest) shall become due. If at the time the assessment becomes due the Property Owner elects to defer payment as provided by Iowa Code Ch. 384, interest shall accrue as provided in Ch. 384 from the date the assessment became due." These two incentives also were offered to the owners of the larger properties, in addition to the specific incentives offered to certain parcels relative to extensions of water and sanitary sewer service described in the enclosed Agreement. These additional incentives involve commitments by the City to extend water and sanitary sewer service within one year after a development plan. The specific terms in the Agreement for the consenting property owners of these large parcels fellow. The terms for the large non-consenting parcels 8, 9 and 10 do not apply because they failed to accept the Agreement. "City agrees that upon final approval of a final subdivision plat by the City Council of the City of Dubuque for Parcel 3, 4, 5 or 6 and the commencement of construction of the public improvements required by the resolution approving such plat, City shall not later than twelve months after the commencement of such construction at City's Annexation Plan Page 4 of 6 sole expense extend City's Sanitary Sewer Collector Line A as shown on Exhibit A. Any cost to extend Collector Line A beyond the point shown on Exhibit A is not the subject of this Agreement. A Property Owner who connects to Collector Line A shall pay the intercept connection charge established by the City in the amount of $500.00 per acre for each acre or portion of an acre connected at the time of connection to the City sanitary sewer system. The property owner of Parcel 12 who connects to the existing sewer collector west of Seippel Road in the Dubuque Industrial Center West shall pay the intercept charge established by the City in the amount of $500.00 per acre for each acre or a portion of an acre connected at the time of connection to the City sanitary sewer system. City agrees that upon final approval of a final subdivision plat by the City Council of the City of Dubuque for Parcel 4, 5 or 6 and the commencement of construction of the public improvements required by the resolution approving such plat, City shall not later than twelve months after the commencement of such construction at City's sole expense extend City's Water Main A as shown on Exhibit A. Any cost to extend Water Main A beyond the point shown on Exhibit A is not the subject of this Agreement. A Property Owner who connects to Water Main A shall pay the connection charge established by the City in the amount of $11 per lineal foot of property frontage on Middle Road. City agrees that upon final approval of a final subdivision plat by the City Council of the City of Dubuque for Parcel 1, 2, 3 or 12 and the commencement of construction of the public improvements required by the resolution approving such plat, City shall not later than twelve months after the commencement of such construction at City's sole expense extend City's Water Main B as shown on Exhibit A. Any cost to extend Water Main B beyond the point shown on Exhibit A is not the subject of this Agreement. A Property Owner who connects to Water Main B shall pay the connection charge established by the City in the amount of $11 per lineal foot of property frontage on Middle Road or Seippel Road." A major issue for property owners along Middle Road was the concept of a divided highway design for its future reconstruction. Currently, there are no plans to improve Middle Road between Radford Road and Seippel Road. Three jurisdictions have responsibility for Middle Road: the City of Asbury, the City of Dubuque and Dubuque County. According to Mark Jobgen, County Engineer, the County has no plans to upgrade this section of road. The City of Dubuque's five-year capital improvement budget does not include any improvements to Middle Road. ~ The 2025 Long Range Transportation Plan of the Dubuque Metropolitan Area Transportation Study (DMATS) recommended that Middle Road between Radford Road and Seippel Road would be a divided four-lane road with left and right turn lanes at intersections. Annexation Plan Page 5 of 6 To address this concern, there is an additional provision in the Agreement that reads: "The City will also consider an amendment to the Dubuque Metropolitan Area Transportation Study 2025 Long Range Transportation Plan that would eliminate the reconstruction of Middle Road to a proposed four-lane "divided" road from Radford Road to Seippel Road and revise the plan to an "undivided" roadway with access across the centerline.' Another major issue for property owners in the annexation area was that the City Code requires that the owner of any property within 200 feet of a public sanitary sewer has to connect to the property within 365 days. This connection can be delayed up to 15 years from the date that the septic system was installed, if the septic system was properly designed and maintained. For some of the farm properties, the principal residence may be several hundred feet away from the property line. Running a sewer line to the farmstead may be very expensive, if not impractical in some cases. To address this concern, City staff has submitted an amendment to the City Code granting to the City Manager the authority to exempt property owners from the requirement of connections to the City sanitary sewer if the sewer is within 200 feet of the property line when the City Manager determines that such connection would be impracticable or would exact an undue hardship because of the conditions pertaining to the property in question. Recommendation City staff has successfully completed negotiations with owners of 93% of the land in the annexation area who are interested in voluntary annexation to the City of Dubuque. The proposed annexation would add approximately 700 acres of land to Dubuque, creating opportunities for new homes and businesses, and providing a neighborhood for the Dubuque Community School District's proposed middle school. The voluntary annexation would complement the City's Comprehensive Plan by providing room for Dubuque to expand and creating lots for thousands of homes. Over time, this annexation could increase the population of Dubuque by 10 percent. This property is included in the City's 1996-1997 Annexation Study and is a preferred area for annexation due to its proximity to the city limits, City of Dubuque infrastructure and utilities, and to the City of Dubuque Industrial Center West. The industrial park is currently the home of McGraw Hill, DDI, and Giese Sheet Metal. Also, Alliant Energy, the Adams Company and Vessel Systems plan to relocate to DICW. Water and sanitary sewer services are adjacent to some of the properties and can be easily extended to serve the rest of the area. Additionally, the majority of this area Annexation Plan Page 6 of 6 naturally drains to Dubuque. This allows the City to extend gravity sanitary sewer service and reduces the need for more costly pumping stations. Our annexation consultants have advised us that this annexation plan is a classic 80/20 voluntary annexation that fits the statutory intent of the State Code. They noted that the City of Dubuque is poised to provide City services to the area in a cost-effective manner, reflecting good utilization of public resources. Requested Action We request that the City Council direct staff to proceed with the 80/20 annexation plan, approve the terms of the pre-annexation Agreement that has been accepted by the owners of 93% of the land in the annexation area, approve the amendment of the City Code for sanitary sewer connections, and set a public hearing for December 1, 2003. Enclosures DUBUQUE ANNEXATION PLAN Parcel # Property Owner Acreage 1 Terrence Bahl & Martin & Linda Bahl 42.150 2 Bahl Family Partnership 146.570 3 Eldon & Loretta Bahl 108.350 4 Stereo & Sandra Bahl 10.000 5 Marilyn Blake 37.200 6 Joseph & Mary Behnke 76.320 7 Terrence Bahl & Martin & Linda Bahl 99.500 8 Harold Nimmick 13.450 9 Peter Heokels 13.290 10 Rosean Mary Schromen Wilson 10.250 11 Callahan Construction East 39.250 12 Callahan Construction West 74.940 13A Chades & Marie Miller 0.286 13B Mark & Michelle Bahl 1.000 13C Mark & Amaelia Pasker 0.800 13D Francis & Dadene McDonald 1.010 13E Mark & Kimmie Heins 0.870 13F Douglas & Dianne Fdtsch 0.400 13G Elaine White 0.410 13H Lloyd & Jane Steffeo 0.421 131 Allen & Mary Ann Lex 0.520 13J Stanley & Lou Ann Ward 2.606 13K Karen Cogan 1.969 13L Wayne Siebert 1.955 13M Donald & Luella Cogan 2.664 13N Mary Krabbenhof~ 1.000 130 Kenneth & Maurine Harris 1.002 13P Gene & Jean Ports 0.670 13Q Wilfred & Vicky Bahl 0.860 Signed Agreement Acres w/o consent 13.450 13.290 10.250 0.400 2.606 1.969 1.955 2.664 1.000 1.002 Totals 689.713 48.586 8/I 5/2003 Percentage opposition 7.04% Asbury Rd 3.837 Seippel Rd 3.847 Middle Rd 5.843 Total ROW 13.527 Grand Total 703.240 48.586 6.91% August11,2003 Dubuque, Iowa 52002 Dear xx and xx xxxxxx: This is follow-up to the August 8, 2003 letter which was delivered to you on Friday. 1 have had discussions with several property owners and I have the answers to questions that were asked: What would be the classification of Middle Road if it were in the City; arterial, collector or residential? Arterial. If a property owner is not ordered to connect to sewer because it is more than 200 feet from the property line, how much of the cost to travel that distance is assessed to the property owner?. The property owner does not generally need to pay for any cost past the 200 feet. One exception would be if it took longer than 200 feet to get off the property owner's land. What is the current right-of-way of Middle Road? Would more right-of-way be needed when the road is reconstructed? The current right-of-way of Middle Road is 66 feet. Right-of-way is much wider than the pavement width. When Middle Road is widened, it will need more than 66 feet of right-of- way because of the grading that will be needed to flatten out the road: It is important to remember that these improvements will oe needed if the property is in Dubuque, Asbury or the County. 4. How much property is in the total annexation? 762.650 acres There also was an error in my August 8 letter. The letter was referring to when a property owner is required to connect to sewer, and it said "...once the City sewer is constructed within 200 feet of a property owner's residence..." and it should have read, "...once the City sewer is constructed within 200 feet of a property owner's property line...." I apologize for this error. Please call me with any further questions at home (556-7388), the office (589-4100) or on my cell phone (590-1659). Sincerely, Michael C. Van Milligen City Manager MCVM: August 8, 2003 RE: Annexation Agreement Dear xxxxxxxxxxxx: Enclosed is a copy of an Agreement with the City of Dubuque for the voluntary annexation of your property and property of your neighbors by the City of Dubuque. I believe these terms are consistent with discussions City staff has had with property owners over the last few weeks. The purpose of this letter is to highlight the terms of the Agreement. All of the property owners shown on the Exhibit attached to the Agreement will have the opportunity to sign this Agreement in connection with voluntary annexation to the City of Dubuque. However, only those property owners who choose to sign this Agreement will be entitled to the benefits of this Agreement. Hopefully, all of the property owners will sign this Agreement and return it to my office not later than 5:00 p.m. on August 13, 2003, so that it may be placed on the Agenda for [he Dubuque City Council meeting of August 18, 2003. On August 18, 2003, the City Council will receive and file [he Agreement and all related requests for voluntary annexation, and then set a public hearing date. The public hearing will be held on September 15, 2003. In the event that less than all of the property owners approve this Agreement by 5:00 p.m. on August 14, 2003, then the City may still decide to proceed with the Agreement. However, if the City decides not to proceed with the Agreement, then the Agreement will not take effect. Also, the Agreement will be effective only as to the properties that are approved for annexation by the State of Iowa City Development Board and only after a final Order is entered by the City Development Board approving the annexation. This Agreement will not apply to any properties not included in the Board's Order. Subject to those conditions, the Agreement provides the following benefits to property owners who choose to voluntarily annex to the City of Dubuque: The City will provide for the transition for the imposition of the City's portion of your property taxes for a period of five (5) years after the properties are annexed. For the first year after City taxes are imposed, 75% of the value of the property will be exempt from City taxes; for the second year, 60% will be exempt; for the third year, 45% will be exempt; for the fourth year, 30% will be exempt; and for the fifth year, 15% will be exempt. Those are the maximum exemptions allowed by state law. The City will construct at the City's expense extensions of sanitary sewer collector lines, shown on the Exhibit as Collector Line A and Line B. Any extension of Line A or Line B beyond the points shown on the Exhibit, however, would be at the expense of a property owner who desires to further extend those lines. And, any property owner who eventually connects to Collector Line A or B will be required to pay the interceptor connection charge established by the City for connection to the City's sewer of $602.90 per acre of development. The City will at the City's expense extend the City waterma~ns as shown on the Exhibit for Watermain A and Watermain B. Again, the cost to extend either watermain beyond the point shown on the Exhibit would be the responsibility of a property owner who desires to extend the watermain further. And, any property owner who connects to Watermain A or B will be responsible for paying the connection charge established by the City, in the amount of $11.00 per lineal foot of property frontage on Middle Road or Seippel Road. The City will also consider an amendment to the Dubuque Metropolitan Area Transportation Study 2025 Long Range Transportation Plan that would eliminate the reconstruction of Middle Road to a proposed four-lane "divided" road from Radford Road to Seippel Road and revise the plan to an "undivided" roadway with access across the centerline. For any property owner who is required to connect [o the City sanitary sewer once the City sewer is constructed within 200 feet of a property owner's residence or if a property owner's current private disposal system serving The residence fails, the City will pay the cost to connect the residence to the City sanitary sewer system and defer the cost recovery from the property owner until the pre perty is sold or otherwise disposee of. This letter is only intended to provide a brief summary of the terms of the Agreement. This letter is not a part of the Agreement and in the event of any conflict between this letter and the Agreement, the terms of the Agreement prevail. Enclosed is a list of questions and answers about the City's regulations and plans for the annexation area, a comparison of your property taxes with the five-year partial exemption on City taxes, and a letter for you to sign requesting voluntary annexation. If you have any questions about the Agreement or this letter, please call me at 589-4110, or on my cell phone at 590-1659, and I would be happy to provide you with any additional information you might need Very sincerely, Enclosures MCVM:tls Michael C. Van Milligen City Manager AGREEMENT BETWEEN AND AMONG THE CITY OF DUBUQUE, IOWA AND CERTAIN PROPERTY OWNERS IN DUBUQUE COUNTY, IOWA This Agreement is made and entered into this day of , 2003 by, between and among the City of Dubuque, Iowa (City) and certain owners of property situated in Dubuque County, Iowa. WHEREAS, the following are the owners (referred to collectively as the Property Owners) of the real property shown on the attached Exhibit A: Parcel 1 Terrence Bahl and Martin & Linda Bahl LEGAL DESCRIPTION: Lot 1-1-1-1-1 W 1/2 NW lying N of Road Section 19 T89N R2E; Lot 5 SW Section 18 T89N R2E Parcel 2 Bahl Family Partnership LEGAL DESCRIPTION: Lot 1-1-1-1-1 W 1/2 NW Lying S of Road Section 19 T89N R2E; Lot 2-1-1 of the SE NW Section 19 T89N R2E; N1/2 of the NE SW Section 19 T89N R2E; N1/2 of the NW SE Section 19 T89N R2E; NW SE Section 24 T89N R1E; SW SE Section 24 T89N R1E; W 1/2 SE SE Section 24 T89N R1E; NE NW Section 19 T89N R2E Parcel 3 Eldon & Loretta Bahl South 1/2 of the NW SE Section 19 T89N R2E; Lot I of the SE of the SW Section 19 T89N R2E; South 1/2 of the NE SW Section 19 T89N R2E; Lot I of the West 30 Acres of the SW SE Section 19 T89N R2E Parcel 4 Steven & Sandra Bahl LEGAL DESCRIPTION: R2E East 10 Acres of the SW SE Section 19 T89N Parcel 5 Marilyn Blake LEGAL DESCRIPTION: Lot 1 of the SE SE Section 19 T89N R2E Parcel 6 Joseph & Mary Behnke LEGAL DESCRIPTION: Lot "-1-1-2 NE NE Section 30 T89N R2E; SE NE Section 30 T89N P,2E Parcel 7 Terrence Bahl and Martin & Linda Bahl LEGAL DESCRIPTION: NW SE Section 24 T89N R1E; SW SE Section 24 T89N R1 E; W 1/2 SE SE Section 24 T89N R1E Parcel 8 Harold Nimmick LEGAL DESCRIPTION: Lot 1 of the East 901.6' of the North 650' of Lot 1 of A. Tigges Sub of NW NW Section 30 T89N R2E; Lot 2-2 of the East 901.6' of the North 650' of Lot I of A. Tigges Sub of NW NW Section 30 T89N R2E; Lot 1-2 of the East 901.6' of the North 650' of Lot lA of A. Tigges Sub of NW'NW Section 30 T89N R2E Parcel 9 Peter Henkels LEGAL DESCRIPTION: Lot 2 of Part of Lot 1 of A. Tigges Sub Section 30 T89N R2E; Lot 2-1 of Part of Lot 1 of A. Tigges Sub Section 30 T89N R2E; Part of Lot 1-1-1 ofA. Tigges Sub of NW NW Section 30 T89N R2E Parcel 10 Rosean Mary Schromen LEGAL DESCRIPTION: Southerly 10.25 Acres of Lot 1 of A. Tigges Sub T89N R2E Parcel 11 Callahan Construction East LEGAL DESCRIPTION: Lot 1 of the SW of the NW of Section 30 T89N R2E and Lot 2 of the SE of the NW of Section 30 T89N R2E Parcel 12 Callahan Construction West LEGAL DESCRIPTION: NE NE Section 25 T89N R1E; Lot 1-1 Section 25 T89N R1E; Lot 2 SE NE Section 25 T89N P, 1E SE NE Parcel 13a Chades & Made Miller LEGAL DESCRIPTION: Lot 2 of the SE of the NW Section 19 T89N R2E Parcel 13b Mark & Michelle Bahl LEGAL DESCRIPTION: Lot 2 of the SE SW Section 19 T89N R2E and Lot 2 of the W 30 acres of the SW SE Section 19 T89N R2E Parcel 13c Mark & Amaelia Pasker LEGAL DESCRIPTION: Lot 2 of SE SE Section 19 T89N R2E Parcel 13d Francis & Dadene McDonald LEGAL DESCRIPTION: Lot 2-1-2 of the NE NE Section 30 T89N R2E Parcel 13e Mark & Kimmie Heins LEGAL DESCRIPTION: Lot 2-2 of the NE NE Section 30 T89N R2E Parcel 13f Douglas & Dianne Fdtsch LEGAL DESCRIPTION: Lot 1 of the NE NE Section 30 T89N R2E and Lot 2-1-1-2 of the NE NE Section 30 T89N R2E Parcel 13g Elaine White LEGAL DESCRIPTION: Lot 2 of the NW NE Section 30 T89N R2E Parcel 13h Lloyd & Jane Steffen LEGAL DESCRIPTION: Lot 2-1 of the NW NE Section 30 T89N R2E Parcel 13i Allen & Man/Ann Lex LEGAL DESCRIPTION: R2E Lot 2 Sub E 10 Acres NE NW Section 30 T89N Parcel 13j Stanley & Lou Ann Ward LEGAL DESCRIPTION: Lot 1-4-1 of the SW SW Section 19 T89N R2E Parcel 13k Karen Coqan LEGAL DESCRIPTION: Lot 2-6-1 of the SW SW Section 19 T89N R2E Parcel 131 Wayne Siebert LEGAL DESCRIPTION: Lot 2-4-1 of the SW SW Section 19 T89N R2E Parcel 13m Donald & Luella Coqan LEGAL DESCRIPTION: Lot 1-6-1 of the SW SW Section 19 T89N R2E Parcel 13n Mary Krabbenhoff LEGAL DESCRIPTION: Lot 4 of A. Tigges Sub Section 30 T89N R2E; Lot 5 of A. Tigges Sub Section 30 T89N R2E Parcel 13o Kenneth & Maurine Harris LEGAL DESCRIPTION: Lot 2-1 of the SE NE Section 25 T89N R1E Parcel 13p Gene and Jean Pot-ts LEGAL DESCRIPTION: [imits T89 N R2E Lot I of Potts Place lying outside the Asbury city Parcel 13q Wilfred R. Jr. and Vicky L. Bahl LEGAL DESCRIPTION: Lot 1~1-1 SE NW Section 19 T89N R2E WHEREAS. the Property Owners are interested in annexation to the City of Dubuque, Iowa; and WHEREAS, as an incentive to the Property Owners to voluntarily annex to the City of Dubuque, City is willing to enter into this Agreement, but only upon the terms and conditions set forth herein NOW, THEREFORE, IT IS AGREED BY AND AMONG THE PARTIES AS FOLLOWS: 1. This Agreement is subject to final approval and execution by the Property Owners by not later than August 14, 2003. In the event that all of the Property Owners do not approve this Agreement by such date, the City in its sole discretion may determine whether or not to proceed with this Agreement as to the Property Owners who have approved and executed this Agreement. If the City determines not to proceed, then this Agreement shall be null and void. 2. This Agreement is subject to final approval by the City of Dubuque City Council by not later than December 1,2003. If this Agreement is not approved by such date, it shall be null and void. 3. This Agreement is subject to a final order of the City Development Board, after the exhaustion of any and all appeals from the action of the Board or the expiration of the time within which such appeals may be brought, approving the voluntary annexation of any of the following properties (the Annexation Properties) shown on Exhibit A: Parcels I through and including 12, and Parcels 13a through and including 13q In the event the City Development Board order approves such annexation as to less than all of the Property Owners' properties, this Agreement shall be null and void with respect to any of the Property Owners' properties not included in the Board's order. 4. By not later ~han August 14, 2003, all of the Property Owners shall file with the City an application for the voluntary annexation of such Property Owners' property. Each Property Owner agrees not to withdraw the application or any part thereof after its filing with the City Council. 5. Upon the filing of the Property Owners' applications for voluntary annexation, the City shall promptly consider the applications and if the applications are approved by the City Council, transmit the applications to the City Development Board as provided by law. 6. City agrees if the applications are approved, the resolution approving the applications shall provide for the transition for the imposition of city taxes against the Property Owners' properties. The Property Owners' properties shall be entitled to the following partial exemption from taxation for city taxes for a period of five years: 1. For the first year, seventy-five percent. 2. For the second year, sixty percent. 3. For the third year, forty-five percent. 4. For the fourth year, thirty percent. 5. For the fifth year, fifteen percent. 7. City agrees that upon final approval of a final subdivision plat by the City Council of the City of Dubuque for Parcel 3, 4, 5 or 6 and the commencement of construction of the public improvements required by the resolution approwng such plat, City shall not later than twelve months after the commencement of such construction at City s sole expense extend City's Sanitary Sewer Collector Line A as shown on Exhibit A. Any cost to extend Collector Line A beyond the point shown on Exhibit A is not the subject of this Agreement. A Property Owner who connects to Collector Line A shall pay the intercept connection charge established by the City in the amount of $500.00 per acre for each acre or portion of an acre connected at the time of connection to the City sanitary sewer system. 8. City agrees that upon final approval of a final subdivision plat by the City Council of the City of Dubuque for Parcel 1, 2. or 3 and the commencement of construction of the public improvements required by the resolution approving such plat, City shall not later than twelve months after the commencement of such construction at City's sole expense extend City's Sanitary Sewer Collector Line B through Parcels 8, 9 and 10 as shown on Exhibit A. Any cost to extend Collector Line B beyond the point shown on Exhibit A is not the subject of this Agreement. A Property Owner who connects to Collector Line B shall pay the intercept connection charge established by the City in the amount of $500.00 per acre for each acre or portion of an acre connected at the time of connection to the City sanitary sewer system. 9. City agrees that upon final approval of a final subdivision plat by the City Council of the City of Dubuque for Parcel 8 and the commencement of construction of the public improvements required by the resolution approving such plat, City shall not later than twelve months after the commencement of such construction at City's sole expense extend City's Sanitary Sewer Collector Line B through Parcels 9 and 10 as shown on Exhibit A. Any cost to extend Collector Line B beyond the point shown on Exhibit A is not the subject of this Agreement. A Property Owner who connects to Collector Line B shall pay the intercept connection charge established by the City in the amount of $500.00 per acre for each acre or portion of an acre connected at the time of connection to the City sanitary sewer system. 10. City agrees that upon find approval of a final subdivision plat by the City Council of the City of Dubuque for Parcel 9 and the commencement of construction of the public improvements required by the reso]ution approving such plat, City shall not later than twelve months after the commencement of such construction at City's sole expense extend City's Sanitary Sewer Collector Line B through Parcel 10 as shown on Exhibit A. Any cost to extend Collector Line B beyond the point shown on Exhibit A is not the subject of this Agreement. A Property Owner who connects to Collector Line B shall pay the intercept connection charge established by the City in the amount of $500.00 per acre for each acre or portion of an acre connected at the time of connection to the City sanitary sewer system. The property owner of Parcel 12 who connects to the existing sewer collector west of Seippel Road in the Dubuque Industrial Center West shall pay the intercept charge established by the City in the amount of $500.00 per acre for each acre or a portion of an acre connected at the time of connection to the City sanitary sewer system. 11. City agrees that upon final approval of a final subdivision plat by the City Council of the City of Dubuque for Parcel 4, 5 or 6 and the commencement of construction of the public improvements required by the resolution approving such plat, City shall not later than twelve months after the commencement of such construction at City's sole expense extend City's Water Main A as shown on Exhibit A. Any cost to extend Water Main A beyond the point shown on Exhibit A is not the subject of this Agreement. A Property Owner who connects to Water Main A shall pay the connection charge established by the City in the amount of $11 per lineal foot of property frontage on Middle Road. 12. City agrees that upon final approval of a final subdivision plat by the City Council of the City of Dubuque for Parcel 1, 2, 3, 8, 9, 10 or 12 and the commencement of construction of the public improvements required by the resolution approving such plat, City shall not later than twelve months after the commencement of such construction at City's sole expense extend City's Water Main B as shown on Exhibit A. Any cost to extend Water Main B beyond the point shown on Exhibit A is not the subject of this Agreement. A Property Owner who connects to Water Main B shall pay the connection charge established by the City in the amount of $11 per lineal foot of property frontage on Middle Road or Seippel Road. 13. The City will also consider an amendment to the Dubuque Metropolitan Area Transportation Study 2025 Long Range Transportation Plan that would eliminate the reconstruction of Middle Road to a proposed four-lane "divided" road from Radford Road to Seippel Road and revise the plan to an "undivided" roadway with access across the centerline. 14. If, following annexation of the Property Owners' properties, City for any reason requires a Property Owner to connect a Property Owner's residence located on the property as of the date of this Agreement to City's sanitary sewer system, City shall pay all costs of connecting such property to the sanitary sewer system. A Property Owner shall be assessed by City for such costs but the assessment shall be deferred without interest until the Property Owner disposes by sale or otherwise of the property on which such residence is located, at which time such assessment (without interest) shall become due. If at the time the assessment becomes due the Property Owner elects to defer payment as provided by Iowa Code ch. 384, interest shall accrue as provided in ch. 384 from the date the assessment became due. 15. This Agreement shall apply to and bind the successors in interest of the parties. 16. The parties agree that all understandings and agreements, if any, previously made between the parties hereto are merged in this Agreement, which alone fully and completely expresses their understanding with respect to the subject of this Agreement. This Agreement may not be changed or terminated orally, but only by an instrument in wdting executed by all of the parties hereto. CITY OF DUBUQUE, IOWA By Michael C. Van Milligen, City Manager ACCEPTANCE OF AGREEMENT I. the property owner of parcel 5. legally described as Lot I of the SE SE Section 19 T89N R2E in Dubuque County, Iowa, having read the terms and conditions of the foregoing agreement, and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required within. The acceptance of this agreement is subject the adoption of an amendment to the City of Dubuque Code of Ordinances by the City of Dubuque City Council granting to the City Manager the authority to exempt property owners from the requirement of connections to the City sanitary sewer if the sewer is within 200 feet of the property line when the City Manager determines that such connection would be impracticable or would exact an undue hardship because of the conditions pertaining to the property m question. Marilyn Dated August I¢ , 2003 The Honorable Msc~or & City Council Membem City of Dubuque City Hall - 50 W. 13~ Street Dubuque IA 52001 RE: Voluntaq/A~nexation Request Dear Mayor & City Council Members- I. Joel Callahan, President. Caltahan Construction Inc., owner of 74.94 acres of property along Middle Road, legally described as NE NE Section 25 T89N R1 E; Lot %1 SE NE Section 25 T89N R1 E; Lot 2 SE NE Section 25 T89N R1E in Dubuque County, Io~.~, request anne×a'Jori of this property to the Cit-,y, of Dubuque, Ic,~va. This pamel is #12 on the Annexation Exhibit A map enclosed for your information. This application is concurrent with rezoning of the above property, I am requesting to a combination of CS Commercial Services and Wholesale Distdct and LI Light Industrial District as shown on the encbsed aerial photo. Sincerely, Jo~l Ca~tahan, President Callahan Construction Inc. Dated August 14 , 2003 31S-5MS-~M~l P-~ Ru~ ~3 03 O$:0~p Plannin~ ACCEPTANCE OF AGREEMENT I the properb] owner of parcel 12, legally.described as NE NE Section 25 T89N R!E; Lot 1-1 SE NE Section 25 T89N RIE; Lot 2 SE NE Section 25 T89N RIE in Dubuque County, iowa, having read the terms and conditions of the foregoing agreement, and being familiar with the condi*Jons ~hereof, hereby accept ~is same and agree to bhe conditions required within, conCurrent with rezoning of 8qe above property. Joe C~ailaiian, President Caltahan Construction Inc. Dated August Iq , 2003 Mu~ 13 03 06:O2p Plamnin~ 31S-58~-~2~1 p.~ ACCEPTANCE OFAGREEMENT I, the property owner of parcel 11, legally described as Lot I of the SW of the NW of Section 30 T89N R2E and Lot 2 of the SE of the NW of Section 30 T89N R2E, having read the terms and conditions of the foregoing agreement, and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required within, concurrent with rezoning of the above proped-7. Joel Calla'hah, President Callahan Construction !nc. Dated August ]4 , 2003 The Honorable Mayor & City Councit Members City of Dubuque City Hall - 50 W. 13~ Street Dubuque IA 52001 RE: Voluntary Annexation Request Dear Mayor & City Council Members: We, Lloyd C. & Jane A. Steffen, owners of 0.421 acres of property along Middle Road, legally described as Lot 2-1 of the NW NE Section 30 T89N R2E ~n Dubuque County, Iowa, request annexation of this propers' to the City of Dubuque, iowa. This parcel is #13h on the Annexation Exhibit A map enclosed for your information, Sincerely, ane A. Steffen Dated August/',-~., 2003 Dated Augus; /~, 2003 ACCEPTANCE OF AGREEMENT. We, the property owners of parcel 13h, legally described as Lot 2-1 of the NW NE Section 30 T89N R2E in Dubuque County, Iowa, having read the terms and conditions of the foregoing agreement, and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required within. Jane ,~ Steffen Dated August /~'~, 2003 Dated August /5,2003 The Honorable Mayor & City Council Members City of Dubuque City Hall - 50 W. 13~" Street Dubuque IA 52001 RE: Voluntary Annexation Request Dear Mayor & City Council Members: I. Elaine M. White, owner of 0.41 acre of property along Middle Road, legally described as Lot 2 of the NW NE Section 30 T89N R2E in Dubuque County, 3wa, request annexation of this p~oper~y to the City of Dubuque, Iowa. This oarcel is ¢13g on the An nexation Exhibit A map enclosed for your information. Sincerely, Elaine M. White Dated August ._~__. 2003 ACCEPTANCE OFAGREEMENT I, the property owner of parcel 13g, legally described as Lot 2 of the NW NE Section 30 T89N R2E in Dubuque County, Iowa, having read the terms and conditions of the foregoing agreement, and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required within. ~Flaine M. White Dated August ~ L/, 2003 The Honorable Mayor & City Council Members City of Dubuque City Hall - 50 W. 13t~ Street Dubuque iA 52001 RE: VD unt.awAnnexation Request Dear Mayor & City Council Members: We, Gene & Jean Ports, owners of 0.67 acre of property along Asbury Road, legatty described as Lot 1 of Potts Place lying outside the Asbury city limits in T89N R2E in Dubuque County, iowa, request annexation of this property to the City of Dubuque. towa. This parcel is #13p on the Annexation Exhibit A map enclosed for your information. Sincerely, Dated August _~._., 2003 J~n A. Potts Dated August ~,/.~, 2003 ACCEPTANCE OF AGREEMENT We, the property owners of parcel 13p, legally described as Lot 1 of Potts Place lying outside the Asbury city limits in T89N R2E in Dubuque County, Iowa, having read the terms and conditions of the foregoin9 agreement, and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required within. Gene J. Pott~ Dated August /.,I~, 2003 iI an A. Potts Dated A~Jgust /__~, 2003 The Honorable Mayor & City Council Members City of Dubuque Ci~ Hall-50W. 13~ Street Dubuque IA 52001 RE: Voluntary Annexation Request Dear Mayor & City Council Members: We, Francis J. & Darlene McDonald, owners of 1.01 acres of property along Middle Road, legally described as Lot 2-1-2 of the NE NE Section 30 T89N R2E in Dubuque County, Iowa, request annexation of this property to the City of Dubuque, Iowa. This parcel is #13d on the Annexation Exhibit A map enclosed for your information. Sincereiy, Francis J. Mcdonald Darlene McDonald Dated August /~z, 2003 Dated August /z/, 2003 ACCEPTANCE OF AGREEMENT We, the property owners of parcel 13d, legally described as Lot 2-1-2 of the NE NE Section 30 T89N R2E in Dubuque County, Iowa, having read the terms and conditions of the foregoing agreement, and being familiar with the conditions thereof, hereby accept this same and agree to tl~e conditions required within. Francis J. M/cDonald Darlene McDonald Dated August /Cz , 2003 Dated August /¢, 2003 The Honorable Mayor & City Council Members City of Dubuque City Hall- 50 W. 13th Street Dubuque IA 52001 RE: Voluntary Annexation Request Dear Mayor & City Council Members: We. Joseph J. & Mary A. Behnke, owners of 76.32 acres of property along Middle Road, legally described as Lot 1-1-1-2 NE NE Section 30 T89N R2E; SE NE Section 30 T89N R2E in Dubuque County, Iowa, request annexation of this property to the City of Dubuque, Iowa. This parcel is #6 on the Annexation Exhibit A map enclosed for your information. Sincerely, J~seph ~'.B~hn~e M' (y A. B'ehnke Dated August /¢, 2003 Dated August J_~, 2003 ACCEPTANCE OFAGREEMENT We, the property owners of parcel 6, legally described as Lot 1-1-1-2 NE NE Section 30 T89N R2E: and SE NE Section 30 T89N R2E in Dubuque County, Iowa,, having read the terms and conditions of the foregoing agreement, and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required within. The acceptance of this agreement is subject the adoption of an amendment to the City. of Dubuque Code of Ordinances by the City of Dubuque City Council granting to the City Manager the authority to exempt property owners from the requirement of connections to the City sanitary sewer if the sewer is within 200 feet of the property line when the City Manager determines that such connection would be impracticable or would exact an undue hardship because of the conditions pertaining to the property in question. I~nke Mary A. B~hnke Dated August /¢, 2003 Dated August ~5L , 2003 The Honorable Mayor & City Council Members City of Dubuque City Halt - 50 W. 13th Street Dubuque IA 52001 RF_: Voluntary Annexation Request Dear Mayor & City Council Members: We, Allen F. & MaW Ann Lex, owners of 0.52 acre of properby along Middle Road, legally described as Lot 2 Sub E 10 Acres NE NW Section 3(:] T89N R2E in Dubuque County, iowa, request annexation of this property to the City of Dubuque, Iowa. This parcel is #13i on the Annexation Exhibit A map enclosed for your information. Sincerely, Allen F. Lex Dated August L~, 2003 Dated August ~__, 2003 ACCEPTANCE OF AGREEMENT We, the property owners of parcel 13i, legally described as Lot 2 Sub E 10 Acres NE NW Section 30 T89N R2E in Dubuque County, Iowa, having read the terms and conditions of the foregoing agreement, and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required within. Allen F. Lex Ma~A~ex Dated August / Z/~, 2003 Dated August .L~, 2003 ~ The Honorable Mayor & City Council Members City of Dubuque City Hall - 50 W. 13~ Street Dubuque IA 52001 RE: Voluntary Annexation Request Dear Mayor & City Council Members: We, Steven & Sandra Bahl, owners of 10.00 acres of property located at 14285 Middle Road, legally described as the East 10 Acres of the SW SE Section 19 T89N R2E in Dubuque County, Iowa, request annexation of this property to the City of Dubuque. lowa. This parcel is ¢4 on the Annexation Exhibit A map enclosed for your information. Sincerely, ndra Baf~l Dated August /Z-, 2003 Dated August / ~, 2003 ACCEPTANCE OF AGREEMENT We, the property owners of parcel 4, legally described as East 10 Acres of the SW SE Section 19 T89N R2E in Dubuque County, Iowa, having read the terms and conditions of the foregoing agreement, and being familiar with the conditions thereof hereby accept this same and agree to the conditions required within. ~3t~en Bahl Dated August / ¢--, 2003 Dated August ] ~ , 2003 The Honorable Mayor & City Cour cji Members City of Dubuque City Hall - 50 W. 13th Street Dubuque iA 52001 RE: Voluntary Annexation Request Dear Mayor & City Council Members: We, Eidon & Loret~a Bahl, owners of 108.35 acres of property along Middle Road legally described as the South 1/2 of the NW SE Section 19 T89N R2E; Lot I of the SE of the SW Section 19 T89N R2E: South 1/2 of the NE SW Section 19 T89N R2E; Lot 1 of the West 30 Acres of the SW SE Section 19 T89N R2E in Dubuque County, Iowa, request annexation of this property to the City of Dubuque, Iowa. This parcel is #3 on the Annexation Exhibit A map enclosed for your information. Sincerely, Eldon J. Bahl Loretta C. Bahl Dated August /'¢- , 2003 Dated August /~,7,~, 2003 ACCEPTANCE OF AGREEMENT We, the property owners of parcel 3. legally described as South 1/2 of the NW SE Section 19 T89N R2E; Lot 1 of the SE of the SW Section 19 T89N R2E: South 1/2 of the NE SW Section 19 T89N R2E: Lot I of the West 30 Acres of the SW SE Section 19 T89N R2E in Dubuque County, Iowa, having read the terms and conditions of the foregoing agreement, and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required within. Eldon J. Bahl L~re~a C. Bahl Dated August/' ¢, ,, 2003 Dated August ?.~, 2003 The Honorable Mayor & City Council Members City of Dubuque City Hall ~ 50 W. 13th Street Dubuque IA 52001 RE: Voluntary_ Annexation Request Dear Mayor & City Council Members: We, Mark A. & Michelle M. Bahl owners of 1.00 acre of proper~y along Middle Road. legally described as Lot 2 of the SE SW Section 19 T89N R2E and Lot 2 of the W 30 acres of the SW SE Section 19 T89N R2E in Dubuque County, Iowa. request annexation of this property to the City of Dubuc ue, Iowa. This parcel is #13b on the Annexation Exhibit A map enclosed for your information. Sincerely, 'M~'~ A: B~hl" IV~ichelle M. Bahl ~ Dated August/2,2003 Dated August /o~, 2003 -- ACCEPTANCE OF AGREEMENT We, the property owners of parcel 13b, legally described as Lot 2 of the SE SW Section 19 T89N R2E and Lot 2 of the W 30 acres of the SW SE Section 19 T89N R2E in Dubuque County, Iowa, having read the terms and conditions of the foregoing agreement, and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required within. Michelle M. Bahl Dated August //¢,~, 2003 .Dated August /c~, 2003 The Honorable Mayor & City Council Members City of Dubuque City Hail - 50 W. 13~ Street Dubuque IA 52001 RE: Voluntary Annexation Request Dear Mayor & City Council Members: We, Mark L. & Amaelia L. Pasker, owners of .80 acre of property along Middle Road, legatly described as Lot 2 of SE SE Lot 2 Section 19 T89N R2E in Dubuque County, Iowa, request annexation of this property to the City of Dubuque, Iowa. This parcel is #13c on the Annexation Exhibit A map enclosed for your information. Sincerely, Mark L, Pasker ~maelia L. Pasker Dated August ~, 2003 Dated August /3 , 2003 ACCEPTANCE OF AGREEMENT We, the property owners .of parcel 13c, legally described as Lot 2 of SE SE Lot 2 Section 19 T89N R2E in Dubuque County, Iowa, having read the terms and conditions of the foregoing agreement, and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required within. Mark L. Pasker A~aelia L. Pasker Dated August 1 ¢ 2003 Dated August /,~ , 2003 )RD RD KRD ~ SEIPPEL RD i Listed below are some of the questions your neighbors have asked regarding the proposed annexation. Please review this information and see how it pertains to your particular property. What is the City's annexation plan for this area? The City of Dubuque has received requests from several prope~y owners to annex approximately 500 acres of farmland along Middle Road, Seippe~ Roao and Asbury Road. To annex property, there must be at least 50 feet of com'non boundary between the property and the city limits. The City will annex portions of Middle Road. Seippel Road eno Asbury Roao to comply with the State Code. To do this annexation, the City also will need to annex a number of smaller oroperties to 'neet the State Coae. These smaller properties are mostly single family homes. The State Code does not allow a City to annex just the large farms, and eave the smaller lots in the County. This creates "islands" of land in the County, which is against State Cooe. State ~aw allows a voluntary annexation to include property without the consent of the owner to avoic creating an island or to create more uniform boundaries. The City's plan is to have as many of these single family homes as possible voluntarily annex to the City of Dubuque. The City is offering two incentives for your voluntary annexation: 1 ) a partial exemption of City property taxes over a five-year period; and 2) a delay of the assessment for connection to the sanitary sewer system until the property is sold or otherwise disposed of, if the City requires connection to the sewer system. How can the City annex my property without my consent? According to the State Code_ the City can include this land without the owner's consent to avoid creating an ~slanc and to create more uniform boundaries. This property must not exceed 20% of the tota land area included in the annexation request. What is the process for annexation? How can I comment on this annexation? The City Council will hold a oub ic hearing on September 15 on the annexation plan prior to votrng on the 2roposal. If the City Council approves the voluntary annexation, to include land without the owner's consent, then the annexation request is sent to the' State of Iowa's City Development Board in Des Moines. The Board then will scnedole a public hearing in Dubuque for all the affected proper~y owners and the County. The Board must approve this type of annexation reauest by a four-fifths vote of the members. The public hearings are open meetings. Comments can be submitted in writing at or before the meeting, and verbally at the meeting. Page 1 What is the future status of Middle Road? Currently. there are no clans to improve Middle Road between Radford Road ano Seippel Road. Three junsdictions nave responsibility for Middle Road: the City of Asbury, the City of Dubuque and Dubuque County. According to Mark Jobgen County Engineer. the County nas no ~lans to upgrade this section of road. The City of Dubuque's five-year capital improvement budget does not include any improvements to Middle Road. The 2025 of the Dubuque Metropolitan Area Transportation Study (DMATS) -ecommended that Middle Road between Radford Road ano Seippel Road would be a divided four-lane roaa with left and right turn ~anes at intersections. The City of Dubu(~ue will consider an amendment to the DMATS 2025 Long Range Transoortadon Plan that would eliminate the reconstruction of Middle Road to a four- fane "divided*'oad from Radford Road to Seippel Road. and revise the plan to an "undivided" roaaway with full access across the centerline. How will the City handle truck traffic on Middle Road and Seippel Road? The City designates truck routes throughout the community for trucks registered for a gross v~eight limit exceeding ten thousand pounds (5 tons). These trucks must travel over marked highways when operating in the City except when the ~estination is in the City on a street that is not the highway. To get to this destination, the truck must use the closest and most c 'ect route. The City Manager is authorized to designate and establish by appropriate signs alternate truck 'outes and to post signs limiting trucks registered with a gross weight limit exceeding ten thousand pounds (5 tons) from operating on non-highway streets, like Middle Road and Seippel Road. The Oity has acc Jired the necessary right-of-way and has budgeted to complete the connection of Chavenelle Road from where it ends near Nordstrom's to where it ends in the new industrial park off Seippel Road. the Dubuque Industrial Center West. When completed. Chavenelle Road will provide a truck route from the Northwest Arterial (iowa 32) to Seipoel Road and Dodge Street (U.S. 20) that should also help pull trucks off of Middle Road and Seippel Road north of the ~ubuque Industrial Center West. Are there any pians to extend Heacock Road from Middle Road to Chavenelle, Road? NO. Page 2 Do / have to tie into City water when it becomes available? No. the City of Dubuque does not require connection to City water unless the property owner desires service. The current connection charge for a water main is $11.00 per front foot of property. The 2roperty owner is also responsible for the cost and the installation of the private service connector from the City main to the home or building. What is the schedule for water main extensions to Heacock Road? Currently the City of Dubuc Je is reviewing the cost to extend the16-inch water main from its present location approximately 900 feet east of Heacock Road to approximately 200 feet west of Heacock Road. We are also looking at an accelerated plan to extend this main to provide additional fire support and water service to this area have to connect to sanitary sewer?. The City Code requires that the owner of any property within 200 feet of a public sanitary sewer nas to connect to tne property within 365 days. This connection can be delayed up to 15 ~/ears from the date that the septic system was installed, if the septic system was properly designed and maintained. If any property is required to connect to the City's sanitary sewer system, the City of Dubuque will extend the service to the property and connect tl~e private system to the City sanitary sewer. For property owners who sign the Agreement. the City will bear all initial costs associated with this connection and will levy the cost as an assessment if and when the proper~y is sold or otherwise disposed of. Will we have to pay for future street assessments? The City of Dubuque has two major types of street maintenance programs to improve the condition of the streets. The first, an asphalt overlay, is funded by the City and does not involve street assessments. The second, street reconstruction, does involve street assessments. Future street assessments will be paid by a property owner as follows: · Any residential aroperties within 300 feet of the proposed road would pay a street assessment. There would be 10 years to pay for the street improvements. Currently, the City of Dubuque utilizes the 1% Local Option Tax that pays for ,, approximately 75% of the cost for owner-occupied property owners' assessments. Regardless of the width of any future street improvements or the volume of traffic. the property would not pay more than a ~ocal neighborhood street in the City which is 31 feet wide. Aisc deoending on the street classification, the assessment may decrease, for example: residence along a collector street will pay 15% less. and on an arterial .street. 25% less. Ail residential properties along Middle Road and Page 3 Seippel Road would pay future street assessments as would any other property within the City of Dubuque. Any property that is assessed and used as agricultural would be able to apply for an annua~ agricultural exemption for the street assessment. The deferment would be ~n effect as ~ong as the property is assessec and used for agricultural purposes. The approximate street assessment for proper~y owners would be approximately 15% of the actual street construction cost. May I have a recreational fire within the city limits? Recreational fires are allowed under the following conditions: · Burning is limited to charcoal 2roducts or firewood that is dried split or sawn to engths no greater than four feet. · ~hysical containment of the fire must be used with adequate separation from combustibles and vegetation. · No processed wood such as 2 x 4. plywood, building materials etc. may be burned. · Fires are to be kept to a small size with flame height under five feet. · Atmosphere conditions should be such that allows for smoke and gasses to rise up and away. If smoke, gases and the fire become a nuisance the fire must be extinguished. · Burning of papers, garden wastes, rubbish, refuse, grass, leaves or brush is prohibited. Can a person burn solid waste or trash within the city limits? No, except by permission of the City Manager, when it would be for limited and specific oeriods. Can a person discharge paint guns, BB guns, pellet guns, firearms, and fireworks in the city limits? According to City Code, nc one can discharge or fire any cannon gun. bomb, pistol, air gun. or other firearms or set off or burn firecrackers, toroeooes sky rockets, Roman candies or other fireworks of like construction or any fireworks containing any explosive or inflammable compound, or other device containing any explosive within the City.., limits ~ The City Counci! may, upon application in writing, grant a oermit for the display and use of fireworks by any organization or groups of individuals when such fireworks display wfll be handled by a competent operator Page 4 The City Council may, upon application in writing, grant s permit for the operation of a firing range in which the discharge of firearms for training, recreational or competitive events would be allowed upon showing that the range would be under the direction of a competent organization, group or individual. The Police or their designee may use firearms to control rodent or anima problems when it is evident that conventional control methods have not resolved the 2roblem. Can a person use a bow and arrow within the City limits? According to the City Code, no one can use any slingshot of any kind. or willfully or carelessly throw any stone stick or other missile in such a manner as to hit. injure or endanger any person, or window or other property, or.for any person within the corporate limits of the City to hunt with a Dow and arrow. Target practice with a bow and arrow is allowed The hunting with bow and arrow of deer is allowed in the City limits by persons licensed Dy and during the period of time authorized by the Iowa Department of Natural Resources and issued a permit oy the City. Do I have to license my pet? According to City Code it is unlawful for the owner or keeper of any domesticated species of cat or dog to keep or maintain such animal unless the dog or cat has been vaccinated against rabies by a licensed veterinarian with a vaccine approved by the Iowa Department of Agriculture Administration. Can a dog run loose on a farm or /arge lot within the City limits? Any dog or cat in the City limits must be confined to the property by a leash or a fence or accompanied by the owner within an open area where the animal wouk: respond to the masteOs command. Are animal odors from fivestock a problem within the City limits? The City Code does not address odors or smells. However. the Code does prohibit the accumulation of solid waste and noxious substances which could create an odor. T, he Code does allow for the safe accumulation of animal waste by commercial livestocl~ processing facilities. Therefore. if animal waste was accumulated in a safe and appropriate manner, it would be in compliance with the City Code. Page 5 How w/Il my stormwater utility fee be determined? It is based on the runoff contribution attributed to a property. Runoff contribution is the amount of runoff and pollution that leaves a property relative to other properties in the City. The amount of hard surface ~impervious) area on a property is what is used to 'tndicate the runoff contribution aha determine the number of billing units (or SFU's). SFU is the base billing unit for the stormwater utility fee and it stands for Single Fatuity Unit. The average single-family nome in Dubuque has 2.917 square feet of hard surface (impervious) area. Will the 21.29 cost per SFU ever change? The City Council has the ability, if the need arises [n the future, to adjust the rate by modifying the ordinance. What is a hard surface (impervious) area? Is grave/a hard surface? Hard (impervious) surfaces are those tl~at do not absorb waker, or retard the natural infiltration of rain such as roofs, driveways, walks and parking lots. Gravel does not absor~ rain ike natural soils or grasses that naturally existed on a proper~y, so it is considered impervious. How is the impervious area determined for a property? For single-family homes, the hard surface (impervious) area on a property is estimsted based on the average impervious area associate(: with homes in Dubuque and the size of a property. For other residential property, an average impervious area is determined and proportioned to the average single-family unit (SFU). Each dwelling unit under the proper~y classification receives a bill 2ased on this proportion. · Multi-Family units (excluding condominiums an(~ mobile homes) pay 42% of the SFU rate. · Condominiums pay 83% of the SFU rate. · Mobile Home pay 65% of the S FU rate. For the non-residential properties (includin~c farms), [he impervious area is directly measured and a fee is basec on the proportion of impervious area on the proper~y to the impervious area of the average single family home ',2,917 square feet). Page 6 What will my property taxes be after annexation? How do they compare with Asbury's taxes? The State Code allows cities to provide a partial exemption of City ~roBerty taxes over a five-year period after annexation. The exemption ~s 75% of City taxes the first year. 60% the second year, 45% the third year. 30% the fourth year and 15% the fifth year. The full tax bil would be paid in the sixth year. Property tax bills are approximately 18 months in arrears. The estimated partial exemption for the City portion of your property taxes s enclosed. This char~ reflects an updated analysis corrected by the County Treasurer's Of T'~ce to reflect the City's differing tax rates for land. buildings, and dwellings. Land value applies to the land itself Building value applies to all buildings not used as dwellings, e.g., sheds, barns, silos, etc. Dwelling value applies to homes only. A comparison with the City of Asbury's taxes is provided. These calculations do not include any tax credits that you may get for homestead, agricultural and family farm or pre-paid taxes. What are the plans for the City's property south of Middle Road and west of Parcel 6 and east of Parcel II located on Annexation Eo(hibit A? Currently there are no final plans on any development for this 160-acre parcel. This land has been ~and-banked -'or future industrial development in tl~e long-term. The City of Dubuque currently has land available in the Dubuque Industrial Center West and in the Dubuque Technology Park on U.S. 61/151 for new and expanding businesses. What are the City of Dubuque's response times for fire, po/ice and emergency services compared to the County and volunteer services that i currently receive? The City of Dubuque's response times for fire, police and emergency services will be comparable or better than the response times of the County anC volunteer services that currently are provided to this area. The completion of Chavenelie Road within the next three years will help to improve these response times. The City has a full-time Fire Department which provides fire 2revention. fire suppression hazardous materials, ambulance paramedic and emergency first responder services. The City has identified that an additional outdoor warmng siren and an additional or relocated fire station may be needed in the future as the community develops to the west. The Fire Department will complete an analysis to determine wnether a new dr relocate~: fire station will best serve this area. The City also has a full-time Police Department. The Dubuoue Police Department will incorporate this area into its ex,sung Beat territories upon annexation. As the area Page 7 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 resoonse times. How will my property owner's insurance be affected by having City services? Annexation to the City of Dubuque may reduce the annual premium for your property owner's insurance. Check with your ~nsurance agent to see what your savings may be. What are the City's refuse collection fees and landfill fees after annexation? The City has a "pay as you throw" garbage collection system as mandated by the State of owa. Dubuque's refuse collection fee of $7.60 per month for a single-family househoId is among the lowest in Iowa. Households are limited to one 35-gallon trash can not exceeding 40 pounds for this monthly fee. There are options for excess refuse. The City also provides curbside recydir~g, seasonal yard waste collection and large item pick up services to single family residences. Landfi fees are not affected by annexation. How will City snow removal service compare to County snow removal service? The City and the County have a mutual aid agreement to remove snow from each other's roads, and that agreement will be evaluated for this area to maintain the current level of service. The City of Dubuque currently removes snow on Middle Road from Radford Roa(~ to Seippel Road. What wi//my property be zoned after annexation? Will my property be grandfathered under City zoning? Your properzy will be zoned AG Agricultural District upon annexation to the City of Dubuque unless you ask for a different zoning clarification at this time. You nave the option of requesting a specific zoning district concurrent with annexation. City Planning staff can assist you in reviewing the various City zoning designations that match your plans for your property. When property owners are ready to rezone. City Planning staff can assist with filing rezoning applications. Pfc 2erties are grandfathered under City zoning 'or uses, setbacks and site improvements (e.g. paved driveways). Upon expansion or cnange in use. propertie~s must De Drought into compliance with City zoning. The degree of comp ~ance requi.red varies with ~ne Jse and the nature of what is grandfathered. Page 8 What are the City regulations if/split my two-acre lot into two one-acre lots for a second home? The City of Dubuoue allows lot splits that meet minimum lot area. For example, the City requires a minimum lot area of 5,000 square feet per home in an R-1 Single-Family Residential zoning district. A two-acre lot can be split into twc one-acre lots for a second home. The County requires a minimum one-acre lot for the septic system, but the City of Dubuoue ooes not have the one-acre standard However, the City does require that the property owner conduct a soil analysis, maintain adec Jate spactng from a well, and have enough lot area for the drain field -similar to what the County Health Depar~mem reauires After annexation, a new s~ngle-family home must be built to City Zoning and Building Codes. and have a pave(: driveway of asphalt, concrete, or brick pavers. Any other new buildings also must be built to City Building Codes When ! remo'del, add onto, or do repairs to my home, do I have to bring my home up to City Code? No any work you do on your home, such as plumbing, electrical, or an addition, must meet City Building Codes. You do not have to bring the entire home or system into comoliance with City Code. You do need to check with the City's Building Services Department to see if the work you want to do requires a permit from the City. If I have a building located/ess than 6 feet from my property line, would it be grandfathered in? Yes¸ What are the City's regulations if/have two homes on my property? The City's zoning regulations only allow one home oer lot. so the second home would ~)e grandfathered until it was split off onto another lot. What are the City regulations for a mobile home? Under the Dubuque zoning ordinance a mobile home is grandfathered if it is ~ot in Ua mobile home sark. However. the granafathered mobile home cannot De removed aha reptaced with another mobile home. Page 9 When will I have to pave my gravel lane? An existinc~ gravel lane in the County ~s a private road. It can continue to be a private gravel road after annexation. The City would not ma~ qtain the road. The City Fire Code would require that houses that are more than 150' from the public way have driveways or lanes that ere at least 20' wide with and "all weather surface". That does not mean ~aved. It can be gravel that would support the weight of fire equipment aha maintained all year. Lanes and driveways can also be 20' wide to within 150' of the house, and then narrow down. If an ac joining ot is split into two lots. the -oad could remain gravel. The City does not require gravel roa~s ko oe paved until adjoining property is subdivided into three or more lots. Once paving is required, the road would have to meet at least the City standards for orivate streets. What ff l want my gravel lane to become a City street? If you want a private gravel road to become a public street maintained by the City, then it has to be brought up to City standards for a public street at the proper-[y owners' expense. The standards for a public street are higher than the standards for private streets Page 10 CITY OF DUBUQUE LEGAL SERVICES MEMO TO: FROM: DATE: RE: Jeanne Schneider City Clerk Tracey Stecklein Legal Services Secretary December 10, 2003 Annexation Agreement Jeanne: Per Barry, attached is the Annexation Agreement, dated August 18, 2003, which you should have the City Manager sign. After he has signed the agreement, could you please send me one executed copy for our files? Thank you for your assistance with this matter. SUITE 330, HARBOR VIEVV PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL tsteckle@cityofdubuque.org AGREEMENT BETWEEN AND AMONG THE CITY OF DUBUQUE, IOWA AND CERTAIN PROPERTY OWNERS iN DUBUQUE COUNTY, IOWA This Agreement is made and entered into this ~.~day of A~?~ , 2003 by, between and among the City of Dubuque, Iowa (City) and certain owners of property situated in Dubuque County, Iowa. WHEREAS, the following are the owners (referred to collectively as the Property Owners) of the real property shown on the attached Exhibit A: Parcel 1 Terrence Bahl and Martin & Linda Bahl LEGAL DESCRIPTION: Lot 1-1-1-1-1 W 1/2 NW lying N of Road Section 19 T89N R2E; Lot 5 SW Section 18 T89N R2E Parcel 2 Bahl Family Partnership LEGAL DESCRIPTION: Lot 1-1-1-1-1 W 1/2 NW Lying S of Road Section 19 T89N R2E; Lot 2-1-1 of the SE NW Section 19 T89N R2E; N1/2 of the NE SW Section 19 T89N R2E; N1/2 of the NW SE Section 19 T89N R2E; NW SE Section 24 T89N R1E; SW SE Section 24 T89N RIE; W 1/2 SE SE Section 24 T89N R1E; NE NW Section 19 T89N R2E Parcel 3 EIdon & Loretta Bahl South 112 of the NW SE Section 19 T89N R2E; Lot 1 of the SE of the SW Section 19 T89N R2E; South 1/2 of the NE SW Section 19 T89N R2E; Lot 1 of the West 30 Acres of the SW SE Section 19 T89N R2E Parcel 4 Steven & Sandra Bahl LEGAL DESCRIPTION: R2E East 10 Acres of the SW SE Section 19 T89N Parcel 5 Marilyn Blake LEGAL DESCRIPTION: Lot 1 of the SE SE Section 19 T89N R2E Parcel 6 Joseph & Mary Behnke LEGAL DESCRIPTION: Lot 1-1-1-2 NE NE Section 30 T89N R2E; SE NE Section 30 T89N R2E Parcel 7 Terrence Bahl and Martin & Linda Bahl LEGAL DESCRIPTION: NW SE Section 24 T89N RIE; SW SE Section 24 T89N RIE; W 1/2 SE SE Section 24 T89N R1E Parcel 8 Harold Nimmick LEGAL DESCRIPTION: Lot 1 of the East 901.6' of the North 650' of Lot 1 of A. Tigges Sub of NW NW Section 30 T89N R2E; Lot 2-2 of the East 901.6' of the North 650' of Lot 1 of A. Tigges Sub of NW NW Section 30 T89N R2E; Lot 1-2 of the East 901.6' of the North 650' of Lot lA of A. Tigges Sub of NW NW Section 30 T89N R2E Parcel 9 Peter Henkels LEGAL DESCRIPTION: Lot 2 of Part of Lot 1 ofA. Tigges Sub Section 30 T89N R2E; Lot 2-1 of Part of Lot 1 of A. Tigges Sub Section 30 T89N R2E; Part of Lot 1-1-1 of A. Tigges Sub of NW NW Section 30 T89N R2E Parcel 10 Rosean Mary Schromen LEGAL DESCRIPTION: Southerly 10.25 Acres of Lot 1 of A. Tigges Sub T89N R2E Parcel 11 Callahan Construction East LEGAL DESCRIPTION: Lot I of the SW of the NW of Section 30 T89N R2E and Lot 2 of the SE of the NW of Section 30 T89N R2E Parcel 12 Callahan Construction West LEGAL DESCRIPTION: NE NE Section 25 T89N R1E; Lot 1-1 SE NE Section 25 T89N R1E; Lot 2 SE NE Section 25 T89N RIE Parcel 13a Charles & Marie Miller LEGAL DESCRIPTION: Lot 2 of the SE of the NW Section 19 T89N R2E Parcel 13b Mark & Michelle Bahl LEGAL DESCRIPTION: Lot 2 of the SE SW Section 19 T89N R2E and Lot 2 of the W 30 acres of the SW SE Section 19 T89N R2E Parcel 13c Mark & Amaelia Pasker LEGAL DESCRIPTION: Lot 2 of SE SE Section 19 T89N R2E Parcel 13d Francis & Darlene McDonald LEGAL DESCRIPTION: Lot 2-1-2 of the NE NE Section 30 T89N R2E Parcel 13e Mark & Kimmie Heins LEGAL DESCRIPTION: Lot 2-2 of the NE NE Section 30 T89N R2E Parcel 13f Dou,qlas & Dianne Fritsch LEGAL DESCRIPTION: Lot 1 of the NE NE Section 30 T89N R2E and Lot 2-1-1-2 of the NE NE Section 30 T89N R2E Parcel 13g Elaine White LEGAL DESCRIPTION: Lot 2 of the NW NE Section 30 T89N R2E Parcel 13h Lloyd & Jane Steffen LEGAL DESCRIPTION: Lot 2-1 of the NW NE Section 30 T89N R2E Parcel 13i Allen & Mary Ann Lex LEGAL DESCRIPTION: R2E Lot 2 Sub E 10 Acres NE NW Section 30 T89N Parcel 13j Stanley & Lou Ann Ward LEGAL DESCRIPTION: Lot 1-4-1 of the SW SW Section 19 T89N R2E Parcel 13k Karen Co.qan LEGAL DESCRIPTION: Lot 2-6-1 of the SW SW Section 19 T89N R2E Parcel 131 Wayne Siebert LEGAL DESCRIPTION: Lot 2-4-1 of the SW SW Section 19 T89N R2E Parcel 13m Donald & Luella Co.qan LEGAL DESCRIPTION: Lot 1-6-1 of the SW SW Section 19 T89N R2E Parcel 13n Mary Krabbenhoft LEGAL DESCRIPTION: Lot 4 ofA. Tigges Sub Section 30 T89N R2E; Lot 5 ofA. Tigges Sub Section 30 T89N R2E Parcel 13o Kenneth & Maurine Harris LEGAL DESCRIPTION: Lot 2-1 of the SE NE Section 25 T89N R1E Parcel 13p Gene and Jean Potts LEGAL DESCRIPTION: Lot 1 of Potts Place lying outside the Asbury city limits T89N R2E Parcel 13q Wilfred R. Jr. and Vicky L. Bahl LEGAL DESCRIPTION: Lot 1-1-1 SE NW Section 19 T89N R2E WHEREAS, the Property Owners are interested in annexation to the City of Dubuque, Iowa; and WHEREAS, as an incentive to the Property Owners to voluntarily annex to the City of Dubuque, City is willing to enter into this Agreement, but only upon the terms and conditions set forth herein. NOW, THEREFORE, IT IS AGREED BY AND AMONG THE PARTIES AS FOLLOWS: 1. This Agreement is subject to final approval and execution by the Property Owners by not later than August 14, 2003. In the event that all of the Property Owners do not approve this Agreement by such date, the City in its sole discretion may determine whether or not to proceed with this Agreement as to the Property Owners who have approved and executed this Agreement. If the City determines not to proceed, then this Agreement shall be null and void. 2. This Agreement is subject to final approval by the City of Dubuque City Council by not later than December 1,2003. If this Agreement is not approved by such date, it shall be null and void. 3. This Agreement is subject to a final order of the City Development Board, after the exhaustion of any and all appeals from the action of the Board or the expiration of the time within which such appeals may be brought, approving the voluntary annexation of any of the following properties (the Annexation Properties) shown on Exhibit A: Parcels 1 through and including 12, and Parcels 13a through and including 13q In the event the City Development Board order approves such annexation as to less than all of the Property Owners' properties, this Agreement shall be null and void with respect to any of the Property Owners' properties not included in the Board's order. 4. By not later than August 14, 2003, all of the Property Owners shall file with the City an application for the voluntary annexation of such Property Owners' property. Each Property Owner agrees not to withdraw the application or any part thereof after its filing with the City Council. 5. Upon the filing of the Property Owners' applications for voluntary annexation, the City shall promptly consider the applications and if the applications are approved by the City Council, transmit the applications to the City Development Board as provided by law. 6. City agrees if the applications are approved, the resolution approving the applications shall provide for the transition for the imposition of city taxes against the Property Owners' properties. The Property Owners' properties shall be entitled to the following partial exemption from taxation for city taxes for a pedod of five years: 1. For the first year, seventy-five percent. 2. For the second year, sixty percent. 3. For the third year, forty-five percent. 4. For the fourth year, thirty percent. 5. For the fifth year, fifteen percent. 7. City agrees that upon final approval of a final subdivision plat by the City Council of the City of Dubuque for Parcel 3, 4, 5 or 6 and the commencement of construction of the public improvements required by the resolution approving such plat, City shall not later than twelve months after the commencement of such construction at City's sole expense extend City's Sanitary Sewer Collector Line A as shown on Exhibit A. Any cost to extend Collector Line A beyond the point shown on Exhibit A is not the subject of this Agreement. A Property Owner who connects to Collector Line A shall pay the intercept connection charge established by the City in the amount of $500.00 per acre for each acre or portion of an acre connected at the time of connection to the City sanitary sewer system. 8. City agrees that upon final approval of a final subdivision plat by the City Council of the City of Dubuque for Parcel 1, 2, or 3 and the commencement of construction of the public improvements required by the resolution approving such plat, City shall not later than twelve months after the commencement of such construction at City's sole expense extend City's Sanitary Sewer Collector Line B through Parcels 8, 9 and 10 as shown on Exhibit A. Any cost to extend Collector Line B beyond the point shown on Exhibit A is not the subject of this Agreement. A Property Owner who connects to Collector Line B shall pay the intercept connection charge established by the City in the amount of $500.00 per acre for each acre or portion of an acre connected at the time of connection to the City sanitary sewer system. 9. City agrees that upon final approval of a final subdivision plat by the City Council of the City of Dubuque for Parcel 8 and the commencement of construction of the public improvements required by the resolution approving such plat, City shall not later than twelve months after the commencement of such construction at City's sole expense extend City's Sanitary Sewer Collector Line B through Parcels 9 and 10 as shown on Exhibit A. Any cost to extend Collector Line B beyond the point shown on Exhibit A is not the subject of this Agreement. A Property Owner who connects to Collector Line B shall pay the intercept connection charge established by the City in the amount of $500.00 per acre for each acre or portion of an acre connected at the time of connection to the City sanitary sewer system. 10. City agrees that upon final approval of a final subdivision plat by the City Council of the City of Dubuque for Parcel 9 and the commencement of construction of the public improvements required by the resolution approving such plat, City shall not later than twelve months after the commencement of such construction at City's sole expense extend City's Sanitary Sewer Collector Line B through Parcel 10 as shown on Exhibit A. Any cost to extend Collector Line B beyond the point shown on Exhibit A is not the subject of this Agreement. A Property Owner who connects to Collector Line B shall pay the intercept connection charge established by the City in the amount of $500.00 per acre for each acre or portion of an acre connected at the time of connection to the City sanitary sewer system. The property owner of Parcel 12 who connects to the existing sewer collector west of Seippel Road in the Dubuque Industrial Center West shall pay the intercept charge established by the City in the amount of $500.00 per acre for each acre or a portion of an acre connected at the time of connection to the City sanitary sewer system. 11. City agrees that upon final approval of a final subdivision plat by the City Council of the City of Dubuque for Parcel 4, 5 or 6 and the commencement of construction of the public improvements required by the resolution approving such plat, City shall not later than twelve months after the commencement of such construction at City's sole expense extend City's Water Main A as shown on Exhibit A. Any cost to extend Water Main A beyond the point shown on Exhibit A is not the subject of this Agreement. A Property Owner who connects to Water Main A shall pay the connection charge established by the City in the amount of $11 per lineal foot of property frontage on Middle Road. 12. City agrees that upon final approval of a final subdivision plat by the City Council of the City of Dubuque for Parcel 1, 2, 3, 8, 9, 10 or 12 and the commencement of construction of the public improvements required by the resolution approving such plat, City shall not later than twelve months after the commencement of such construction at City's sole expense extend City's Water Main B as shown on Exhibit A. Any cost to extend Water Main B beyond the point shown on Exhibit A is not the subject of this Agreement. A Property Owner who connects to Water Main B shall pay the connection charge established by the City in the amount of $11 per lineal foot of property frontage on Middle Road or Seippel Road. 13. The City will also consider an amendment to the Dubuque Metropolitan Area Transportation Study 2025 Long Range Transportation Plan that would eliminate the reconstruction of Middle Road to a proposed four-lane "divided" road from Radford Road to Seippel Road and revise the plan to an "undivided" roadway with access across the centerline. 14. If, following annexation of the Property Owners' properties, City for any reason requires a Property Owner to connect a Property Owner's residence located on the property as of the date of this Agreement to City's sanitary sewer system, City shall pay all costs of connecting such property to the sanitary sewer system. A Property Owner shall be assessed by City for such costs but the assessment shall be deferred without interest until the Property Owner disposes by sale or otherwise of the property on which such residence is located, at which time such assessment (without interest) shall become due. If at the time the assessment becomes due the Property Owner elects to defer payment as' provided by Iowa Code ch. 384, interest shall accrue as provided in ch. 384 from the date the assessment became due. 15. This Agreement shall apply to and bind the successors in interest of the parties. 16. The parties agree that all understandings and agreements, if any, previously made between the parties hereto are merged in this Agreement, which alone fully and completely expresses their understanding with respect to the subject of this Agreement. This Agreement may not be changed or terminated orally, but only by an instrument in writing executed by all of the parties hereto. CITY OF DUBUQUE, IOWA Michael C. Van Milligen, City Ma-"rrag.er