McFadden prop - Memo of Under. rezoning
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MEMORANDUM
February 15, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Memorandum of Understanding with Vincent and Luella McFadden
Regarding the Rezoning of Property
Acting Economic Development Director Pam Myhre recommends City Council approval
of a Memorandum of Understanding between the City and Vincent and Luella
McFadden that will allow the City to proceed with rezoning the McFadden property to
industrial use. The McFadden property is the only property between the Dubuque
Industrial Center and the Dubuque Industrial Center West, along the Chavenelle Road
corridor, zoned for agricultural use.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Micnael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Pamela Myhre, Acting Economic Development Director
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CITY OF DUBUQUE, IOWA
MEMORANDUM
February 15, 2005
TO: Michael Van Milligen, City Manager
FROM: Pamela Myhre, Acting Economic Deve~
SUBJECT: Memorandum of Understanding with Vincent and Luella McFadden
Regarding the Rezoning of Property
Introduction
This memorandum transmits for City Council approval a Memorandum of
Understanding between the City and Vincent and Luella McFadden that will allow the
City to proceed with rezoning the McFaddens' property to industrial use. A copy of the
Memorandum of Understanding is attached hereto.
Discussion
The City recently applied for and was awarded a RISE grant for over $1.2 million to
connect Chavenelle Road through property owned by both the City (former Bergfeld
farm) and the McFaddens (the City previously purchased the needed right of way for
the new street from the McFaddens). The Iowa Department of Transportation, in
awarding the grant for the new street, requested the zoning of property along the
proposed street route support industrial development.
The City's Comprehensive Plan also recommends that the entire area between the
existing Dubuque Industrial Center and the new and expanding Dubuque Industrial
Center West be zoned for industrial uses. This includes the McFadden farm property.
The City has since approached the McFaddens about rezoning their property so that
the entire corridor along Chavenelle Road would be properly zoned for industrial use.
They have agreed, subject to the provisions in the Memorandum of Understanding, to
allow the City to rezone their property without objection.
The McFaddens' property is currently zoned for agricultural use and is presently
farmed. The Memorandum of Understanding allows them to continue farming with their
property assessed as agricultural for property tax purposes. The City will pay all fees
associated with the rezoning process.
Recommendation
I recommend City Council approval of the Memorandum of Understanding with the
McFaddens to allow the City to complete the rezoning of property along the Chavenelle
Road extension to industrial use. The McFaddens' property remains the only property
between the Dubuque Industrial Center and the Dubuque Industrial Center West, along
the Chavenelle Road corridor, zoned for agricultural use.
Action Step
The action step for the City Council is to authorize the Mayor and City Clerk to sign the
Memorandum of Understanding on behalf of the City Council.
attachment
F:\USERS\f'myhre\WPDOCS~NDPARK'McFaddenMOU.doc
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
VINCENT AND LUELLA MCFADDEN
Whereas, the extension of Chavenelle Road connecting Dubuque Industrial
Center West with Dubuque Industrial Center, and the redevelopment of the former
Bergfeld property for industrial purposes is in the approved Capital Improvement Plan
for 2005 construction by the City of Dubuque (the City); and
Whereas, the City has made application for Revitalize Iowa's Sound Economy
(RISE) funding from the Iowa Department of Transportation to assist in paying for the
extension of Chavenelle Road; and
Whereas, as a condition of such funding, the Iowa Department of Transportation
has requested rezoning of the property adjacent to Chavenelle Road from agriculture to
industrial; and
Whereas, a portion of the agricultural property along the proposed extension of
Chavenelle Road legally described as Lot 1-1 of the Southwest % of the Southwest % of
Section 29, Township 89 North, Range 2 East and the Northwest % of the Southwest %
of Section 29, Township 89 North, Range 2 East all in the City of Dubuque, Dubuque
County Iowa (the McFadden Property) is owned by Vincent and Luella McFadden
(McFaddens); and
Whereas, the McFaddens have agreed to a rezoning of the McFadden Property
upon the conditions set forth herein, which conditions are agreeable to the City.
Now, therefore, the parties hereby agree as follows:
1. The McFadden Property may continue to be used for farming and
agricultural purposes until the McFaddens or their successors determine
to use the property for some other legal use.
2. As long as the McFadden Property is used for farming and agricultural
purposes, the Iowa Code and Iowa Administrative Code Provisions in
effect at the time of this Agreement provide that the property will be
assessed as agricultural for property tax purposes. If the Iowa Code or
Iowa Administrative Code is amended to the effect that even though the
McFadden Property is used for farming and agricultural purposes, it will be
is assessed as other than agricultural for property tax purposes because
of its zoning, the City will reimburse the McFaddens or their successors for
the difference in property taxes which result from the rezoning of the
property.
3. The McFaddens or their successors will not object to the rezoning of the
McFadden Property to an industrial zoning classification by the City.
4. If the McFadden Property is rezoned industrial and the McFaddens or their
successors request rezoning of the McFadden Property to a zoning
classification other than industrial. the City will not use any of the terms of
this Agreement as the reason for denial of the rezoning request.
5. The City shall pay all fees required by the City of Dubuque Code of
Ordinances for the rezoning process to an industrial zoning classification.
(Approximately $2000).
6. The City shall pay the reasonable cost of the McFaddens' attorney fees for
the review and negotiation of this Agreement.
7. This Agreement shall be transferable to future owners upon the prior
written approval of the City.
8. This Agreement shall be binding upon the parties hereto and their
respective successors in interest, heirs and permitted assigns.
9. This Agreement shall be governed by and construed in accordance with
the laws of the State of Iowa.
Approved this day of
and Luella McFadden and the City of Dubuque, Iowa.
2005 by and between Vincent
Vincent and Luella McFadden City of Dubuque
~W;e/'11f~~ ~?)',-/~ f"CJI'-
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I' Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:IUSERSIWBaumIBel\lfeld Farm - Phase 3 DICWlMEMO of UNDERSTANDING ON REZONING -Barry's
Version2withKaneadditions.doc
2
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
VINCENT AND LUELLA MCFADDEN
Whereas, the extension of Chavenelle Road connecting Dubuque Industrial
Center West with Dubuque Industrial Center, and the redevelopment of the former
Bergfeld property for industrial purposes is in the approved Capital Improvement Plan
for 2005 construction by the City of Dubuque (the City); and
Whereas, the City has made application for Revitalize Iowa's Sound Economy
(RISE) funding from the Iowa Department of Transportation to assist in paying for the
extension of Chavenelle Road; and
Whereas, as a condition of such funding, the Iowa Department of Transportation
has requested rezoning of the property adjacent to Chavenelle Road from agriculture to
industrial; and
Whereas, a portion of the agricultural property along the proposed extension of
Chavenelle Road legally described as Lot 1-1 of the Southwest Y. of the Southwest Y. of
Section 29, Township 89 North, Range 2 East and the Northwest Y. of the Southwest Y.
of Section 29, Township 89 North, Range 2 East all in the City of Dubuque, Dubuque
County Iowa (the McFadden Property) is owned by Vincent and Luella McFadden
(McFaddens); and
Whereas, the McFaddens have agreed to a rezoning of the McFadden Property
upon the conditions set forth herein, which conditions are agreeable to the City.
Now, therefore, the parties hereby agree as follows:
1. The McFadden Property may continue to be used for farming and
agricultural purposes until the McFaddens or their successors determine
to use the property for some other legal use.
2. As long as the McFadden Property is used for farming and agricultural
purposes, the Iowa Code and Iowa Administrative Code Provisions in
effect at the time of this Agreement provide that the property will be
assessed as agricultural for property tax purposes. If the Iowa Code or
Iowa Administrative Code is amended to the effect that even though the
McFadden Property is used for farming and agricultural purposes, it will be
is assessed as other than agricultural for property tax purposes because
of its zoning, the City will reimburse the McFaddens or their successors for
the difference in property taxes which result from the rezoning of the
property.
3. The McFaddens or their successors will not object to the rezoning of the
McFadden Property to an industrial zoning classification by the City.
4. If the McFadden Property is rezoned industrial and the McFaddens or their
successors request rezoning of the McFadden Property to a zoning
classification other than industrial, the City will not use any of the terms of
this Agreement as the reason for denial of the rezoning request.
5. The City shall pay all fees required by the City of Dubuque Code of
Ordinances for the rezoning process to an industrial zoning classification.
(Approximately $2000).
6. The City shall pay the reasonable cost of the McFaddens' attorney fees for
the review and negotiation of this Agreement.
7. This Agreement shall be transferable to future owners upon the prior
written approval of the City.
8. This Agreement shall be binding upon the parties hereto and their
respective successors in interest, heirs and permitted assigns.
9. This Agreement shall be governed by and construed in accordance with
the laws of the State of Iowa.
Approved this day of
and Luella McFadden and the City of Dubuque, Iowa.
2005 by and between Vincent
Vincent and Luella McFadden City of Dubuque
-t?~0ff/7f(<~ ~lf(r/~ ?C,A
~ :It/P&a- U ~Tdkrt'/I
" Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:\USERS\WBaum\Bergfeld Farm - Phase 3 DIGWIMEMO of UNDERSTANDING ON REZONING -Barry's
Version2withKaneadditions .doc
2