Annex NCR Develop. 181.59 acres
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MEMORANDUM
June 2, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Voluntary Annexation Request of NCR Developers, Inc.
Planning Services Manager Laura Carstens is recommending approval of the voluntary
annexation of NCR Developers, Inc. for 181.59 acres.
The annexation is contingent on approval of zoning satisfactory to the owner and
approval of the Annexation Agreement.
I respectfully recommend Mayor and City Council approval of the voluntary annexation
and the Annexation Agreement.
AlknAtL
MiChael C. Van Milligen ----
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
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MEMORANDUM
May 31,2006
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager ~
RE: Voluntary Annexation Request of NCR Developers, Inc.
Introduction
This memo transmits a resolution approving the request from NCR Developers, Inc.
(submitted by Martin McNamer) for voluntary annexation of 181.59 acres of property
west of Manson Road and south of North Cascade Road, in conjunction with rezoning
the property to R-3 Moderate Density Multi-Family Residential. (American Trust &
Savings Bank has a one-half interest in two of the three parcels as a trustee, and is the
contract seller.)
A staff report, development annexation agreement, maps, and application materials
concerning the NCR Developers' request are enclosed. This item is set for public
hearing at the City Council's June 5, 2006 meeting.
Background
The property requested for annexation lies outside the urbanized area of any other city.
Iowa Code allows for these types of voluntary annexation requests be approved first by
the City Council, and then by the Secretary of State. The property meets Iowa Code
requirements for 50 feet of adjacent boundary for annexation to the City of Dubuque.
The Comprehensive Plan includes goals and objectives supporting annexation of land
for residential development that is readily served by City infrastructure and utilities. This
request is consistent with the Comprehensive Plan's Land Use Element: Goals 1.2,
1.5, 10.2, 10.3, 10.4 and 10.6. The 2002 Proposed Land Use Map of the
Comprehensive Plan designated this area for residential development. The property is
included in the City's 1996-1997 Annexation Study as a preferred area for annexation
due to its proximity to the City limits, infrastructure and utilities. The preferred alignment
of Iowa 32 (Southwest Arterial) lies approximately 1,000 feet south of the property.
On April 5, 2006, the Zoning Advisory Commission recommended approval of R-2 Two-
Family Residential rezoning rather than the R-3 requested by NCR Developers. Mr.
McNamer indicated at the meeting that R-3 zoning provides flexibility in developing the
Page 2 of 4
property with a mixture of housing styles and range of prices. Mr. McNamer wants the
R-3 zoning for this property. The City Council's public hearing on the rezoning request
will be held at the City Council's June 5, 2006 meeting.
Discussion
The applicant has requested City financial assistance to facilitate future residential
development. An agreement for City assistance is being negotiated. The draft
agreement is enclosed. We hope to have the signed agreement for City Council
consideration at the June 5, 2006 meeting.
City staff has recommended the enclosed agreement based on current City policy and
financial resources, subject to review and approval by the City Council. The terms of the
agreement include the following conditions:
>- As funding is available, the City will improve the two curves between the bridge on
North Cascade Road and Edval Lane, and construct two 12-foot travel lanes with 2-
foot paved shoulders and an additional8-foot unpaved shoulder on both sides. The
Valentines would provide any land that might be needed for the right-of-way to the
City at appraised value.
>- Since NCR Developers, Inc. is purchasing land from Gary and Mary Beth Valentine
to develop an access to North Cascade Road, the agreement acknowledges this
pending sale, and places the terms and conditions of the NCR agreement on the
parcel.
>- Upon approval of a final subdivision plat for the NCR Developers property and the
commencement of construction of the associated public improvements for this
subdivision, the City will extend sanitary sewer collector lines to the boundary of the
NCR property at the City's sole expense not later than twelve (12) months after the
commencement of the subdivision improvements. Up to 5 collector lines may be
necessary to serve the site.
>- NCR Developers will need to agree to reimburse the City for any monies spent on
the construction of the collector as each lot served by the collector is sold, with a
balloon payment for the balance by no later than five (5) years from the date this
connector is accepted by the City Council.
>- The fee for connection of lots in the NCR Developers property to City's sanitary
sewer interceptor will be $500.00 per acre for the entire property, excluding areas
delineated on the FIRM (Flood Insurance Rate Map) as flood plain. As lots are sold,
NCR Developers must connect to the collector and pay the interceptor connection
charge based on $500.00 per acre pro rated on a per lot basis for the area being
platted. This fee will be assessed only for that portion of the development served by
the South Fork Phase I Interceptor as previously approved by the City Council.
Page 3 of 4
~ Upon approval of a final subdivision plat for the NCR Developers property and the
commencement of construction of the public improvements for this subdivision, the
City will extend at the City's expense the existing water main along North Cascade
Road to the new proposed intersection entrance of the NCR Development.
~ The City will provide the upfront cost to the developer as a loan in extending an 8
inch water main from the new proposed intersection of this development on
North Cascade Road to a developable point of property in Phase II of the
development. This is estimated to take approximately 790 feet of 8 inch water
main at a cost not to exceed $52,000.00.
~ As a condition to this interest free loan for the construction of water main to
serve this portion of the development, NCR Developers will need to have
prepared at their expense, by an Iowa Licensed Professional Engineer, all plans,
specifications, construction and bid documents for the purpose of soliciting bid
proposals for the construction of the water main necessary for the City to comply
with the requirements of state law for public improvement contracts, and then
submit these plans, specifications, and construction documents to the City.
~ The water main connection fee for this development in the estimated amount of
$1 ,100 will be incorporated into the loan agreement. As lots are sold, the
property owner will connect to the water main and pay the current water service
line tap fee(s). This fee is set based on the size of the service line and is subject
to change annually.
~ NCR Developers will need to agree to reimburse the City for any monies spent
by the City on the construction of the developments, infrastructure water main
and its connection fee as each lot served by the water main is sold within Phase
II of development, with a balloon payment for the balance due no later than five
(5) years from the date this water main is accepted by the City Council.
~ As security for the loan by the City, NCR Developers must, prior to the award of
a contract for the construction of the water main, execute and deliver to the City,
in a form acceptable to the City a promissory note and mortgage or such other
security as may be acceptable to the City Manager in the City Manager's sole
discretion.
~ State Code provides for the City to exempt the City's portion of property taxes only,
not all property taxes. The agreement provides the following partial exemption for
City taxes for a period of five years:
a. For the first year, seventy-five percent (75%).
b. For the second year, sixty percent (60%).
c. For the third year, forty-five percent (45%).
d. For the fourth year, thirty percent (30%).
e. For the fifth year, fifteen percent (15%).
Page 4 of 4
>- Since the NCR Developers rezoning was filed in conjunction with annexation, the
$1,000 rezoning fee is waived.
Recommendation
I recommend that the voluntary annexation request of NCR Developers be approved. I
further recommend that the development annexation agreement be approved.
Enclosures
cc Bob Green, Water Department Manager
Gus Psihoyos, City Engineer
Prepared by: Laura Carstens. Citv Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider City Clerk Address: City Hall- 50 W. 13"' St Telephone: 589-4121
RESOLUTION NO.
- 06
RESOLUTION APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF
TERRITORY OWNED BY NORTH CASCADE ROAD DEVELOPERS, L.L.C.
AND AMERICAN TRUST & SAVINGS BANK, AS TRUSTEE
Whereas, North Cascade Road Developers, L.L.C. and American Trust &
Savings Bank, as Trustee, as property owners have submitted a written application
for voluntary annexation of approximately 181.59 acres of territory lying outside the
corporate limits of the City of Dubuque, Iowa, as shown in Exhibit A and legally
described as: Lot 4 of the NE Yo of Section 3, T88N, R2E of the 5th P.M. in Dubuque
County, Iowa; Lot 6 of the NE Yo of Sec.tion 3, T88N, R2E of the 5th P.M. in Dubuque
County, Iowa; and That portion of Lot 2 of Henschel-McNamer Place, Plat #2 lying
outside the City of Dubuque in Section 3, T88N, R2E of the 5th P.M. in Dubuque
County, Iowa; and
WHEREAS, American Trust & Savings Bank, Trustee of the Mildred L.
Henschel Trust Agreement Dated August 22, 2005, is Contract Seller of an
undivided one-half interest in Lot 4 and Lot 6 of the NE Yo of Section 3, T88N, R2E
of the 5th P.M. in Dubuque County, Iowa; and
Whereas, the annexation territory is not subject to an existing annexation
moratorium; and
Whereas, the annexation territory does not include any state or railroad property;
and
Whereas, the annexation territory does include County road right-of-way; and
Whereas, Chapter 368 of the Code of Iowa authorizes the extension of City limits
in situations of this character by adoption of a resolution and notification as required by
State regulations; and
Resolution No. - 06
Page 2
Whereas, this request has been found to be consistent with the Comprehensive
Plan and the Proposed Land Use Map of the Comprehensive Plan; and
Whereas, the future growth and development of the City of Dubuque, Iowa
makes it desirable that said territory be made part of the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the corporate limits of Dubuque, Iowa be and they are hereby
extended to include the territory as legally described above and as shown in Exhibit A.
Section 2. The territory hereby annexed shall become part of the 1 sl Precinct
of the 1 st Ward of the City of Dubuque, Iowa.
Section 3. The City shall provide for the transition for the imposition of City
taxes against property owner's property, as provided by Chapter 368 of the Code of
Iowa. That property owner's property shall be entitled to the following partial exemption
from taxation for City taxes for a period of five years:
a. For the first year, seventy-five percent (75%).
b. For the second year, sixty percent (60%).
c. For the third year, forty-five percent (45%).
d. For the fourth year, thirty percent (30%).
e. For the fifth year, fifteen percent (15%).
The five-year period shall begin when the Property is placed on City tax rolls by Dubuque
County. Lots sold after that date shall receive the partial exemption percentage only for the
remaining years of the five-year period.
Section 4. That the City Clerk shall file this resolution, all exhibits and the
petition for voluntary annexation with the State of Iowa in accordance with State
Regulations.
Passed, approved and adopted this
day of
2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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Prepared by Barry A. Lindahl 300 Main Street Sutte 330 Dubuque IA 52001 563 583-4113
Return to: Jeanne Schneider, City Clerk Address: Cijy Hall, 50 W. 13th Sl. Telephone: 589-4120
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
NORTH CASCADE ROAD DEVELOPERS, L.L.C.
AND
AMERICAN TRUST & SAVINGS BANK, as Trustee
This Agreement, dated for reference purposes the _ day of , 2006,
is made and entered into by, between and among the City of Dubuque, Iowa (City) and
North Cascade Road Developers, L.L.C. (Developer) and American Trust & Savings
Bank, Trustee.
WHEREAS, Developer is the owner of the real property shown on attached
Exhibit A, and legally described as follows (the Property):
Lot 4 of the NE 11.. of Section 3, T88N, R2E of the 5th P.M. in Dubuque
County, Iowa (parcellD# 1503200006); and
Lot 6 of the NE 11.. of Section 3, T88N, R2E of the 5th P.M. in Dubuque
County, Iowa (parcellD# 1503200005); and
That portion of Lot 2 of Henschel-McNamer Place, Plat #2 lying outside
the City of Dubuque in Section 3, T88N, R2E of the 5th P.M. in Dubuque
County, Iowa (parceIID# 1502151005 and parcel 10# 1502251002); and
WHEREAS, American Trust & Savings Bank, Trustee of the Mildred L.
Henschel Trust Agreement Dated August 22, 2005, is Contract Seller of an
undivided one-half interest in Lot 4 and Lot 6 of the NE 11.. of Section 3, T88N,
R2E of the 5th P.M. in Dubuque County, Iowa; and
WHEREAS, Developer intends to request City to annex the Property; and
1
WHEREAS, as an incentive to Developer to voluntarily apply to City to
annex the Property, 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 BETWEEN THE PARTIES AS
FOllOWS:
1. This Agreement is subject to the approval of the Secretary of State, after the
exhaustion of any and all appeals from the action of the Secretary of State or the
expiration of the time within which such appeals may be brought, approving the
voluntary annexation of the Property. In the event the Secretary of State approves such
annexation as to less than all of the Property, this Agreement shall be null and void with
respect to any of the Property not included by the Secretary of State.
2. Upon the filing of Developer's application for voluntary annexation, City shall
promptly consider the application and if the application is approved by the City Council,
transmit the application to the Secretary of State, Dubuque County Board of
Supervisors, each affected public utility, and the Iowa Department of Transportation as
provided by law. Developers agree not to withdraw the application or any part thereof
after its filing with City.
3. City agrees to improve as funding is available, but not later than ten (10) years,
the two curves between the bridge on North Cascade Road and Edval lane, by
constructing two 12-foot travel lanes with 2-foot paved shoulders and an additional 8-
foot unpaved shoulder on both sides. Developer agrees to provide City with such
portion of the Property as City determines is necessary for public right-of-way to
accommodate said improvements, at appraised value determined as follows: City and
Developer shall have prepared an appraisal of the portion of the Property needed for
public right-of-way by a certified appraiser experienced in appraising similar types of
properties in the Dubuque area mutually selected by City and Developer. If either party
is dissatisfied with the appraisal or the parties cannot agree on an appraiser, each shall
appoint its own appraiser, each of which shall be experienced in appraising similar
types of properties in the Dubuque area and the two appointed by the parties shall
select a third experienced appraiser to appraise the property. The average appraised
values of the three appraisers shall be the appraised value of the portion of the Property
needed for public right-of-way for the purposes of this section 3. In accordance with
Iowa Code, if City vacates any portion of the Property purchased from Developer as
public right-of-way, said excess right-of-way shall be offered to the Developer as original
owner first. The price paid by the City for said public right-of-way shall be the price to
be paid by Developer, and surveying, platting, publication and filing fees for vacating
said public right-of-way shall be the City's cost.
4. City and Developer agree that the following terms and conditions of this
Agreement as stated in Sections 5 - 11 below also shall apply to additional Property
legally described as lot 2 of Valentine Place No.3, located in the NW Yo, Section 3,
T88N, R2E of the 5th P.M., Dubuque County, Iowa containing 9.457 acres, as said lot is
2
under contract for purchase by Developer from Gary L. and Mary Beth Valentine for the
purpose of providing access to North Cascade Road for the Property being annexed by
Developer.
5. City agrees that upon final approval of a final subdivision plat by the City Council
of the City of Dubuque for the Property and the commencement of construction by
Developer of the public improvements required by the resolution approving such plat:
a. City shall not later than twelve (12) months after the commencement of
such construction at City's sole expense extend sanitary sewer collector
lines as needed through the abutting property to the boundary line of NCR
property, and City agrees to acquire and pay for any easements needed
from the abutting property for extension of said collector.
b. Developer agrees to pay the City for the cost of the construction of a
collector from the boundary line to a developable point. Upon sale of each
lot, Developer shall pay to City an amount determined by dividing the cost
of construction of said collector by the number of lots served by the
collector. A balloon payment for any remaining balance shall be paid to
City not later than five (5) years from the date the collector is accepted by
the City Council. This cost will be calculated based on the actual
construction cost of that portion of the collector line.
c. Developer acknowledges that the fee for connection of lots in the Property
to City's sanitary sewer interceptor shall be $500.00 per acre excluding
areas delineated as flood plain on the FIRM (Flood Insurance Rate Map).
d. Developer agrees that it shall be a requirement of the purchase of lots in
the Property that the Developer shall connect to said collector and shall
pay the interceptor connection charge established by City in the amount of
$500.00 per acre for the entire subdivision, excluding areas delineated as
flood plain on the FIRM, pro rated equally over each lot which connects to
the South Fork Phase I Interceptor. The fee shall be paid at the time of
connection to City's sanitary sewer system. The City in its sole discretion
may waive part of this fee in the event some of the lots in the subdivision
connect to the original South Fork sewer.
e. City shall have no obligation to issue a permit for connection of any lot to
the sanitary system prior to the payment of the fee for such lot.
f. Developer shall, prior to the award of a contract for the construction of the
collector lines, execute and deliver to City, in a form acceptable to City a
promissory note and such other non-mortgage security as may be
acceptable to the City Manager in the City Manager's sole discretion.
6. City agrees that upon final approval of a final subdivision plat by the City Council
of the City of Dubuque for the Property and the commencement of construction by
Developer of the public improvements required by the resolution approving such plat:
a. City shall not later than twelve (12) months after the commencement of
such construction at City's sole expense extend a water main on North
3
Cascade Road to the new proposed intersection entrance of the NCR
Development as shown on attached Exhibit B-1.
b. Developer shall pay a water connection fee for this development. This fee
is calculated based on $11.00 per lineal foot of property street frontage on
North Cascade Road. This current connection fee is estimated to be
$1,100. The payment schedule for this fee will be incorporated into the
same terms and conditions of the loan agreement per Section 5.g. of this
Agreement.
c. Individual water service tap fees per lot must be paid prior to the actual
water tap being installed. This fee is based on the size of the service line
and is subjectto change annually.
d. City shall extend an estimated 790 feet of B inch water main, at a cost not
to exceed $52,000.00, from the new proposed intersection of this property
on North Cascade Road to a developable point of property in Phase II of
this development as shown on attached Exhibit B-2.
e. Developers shall cause to be prepared at their expense by an Iowa
licensed professional engineer and submit to City all plans, specifications,
construction and bid documents necessary for purpose of soliciting bid
proposals for the construction of said water main for City to comply with
the requirements of state law for public improvement contracts.
f. Upon completion of the construction of the water main, all dwellings
constructed shall be connected to the water main.
g. City shall establish a fee for the connection of any lot in Phase II of this
development to City's water main, which fee shall be paid by Developer to
City at the time of the sale of any such lot. Each such fee shall be
credited toward Developer's loan of City funding for the installation of the
water main infrastructure of said development including its connection fee.
Not later than five (5) years from the date of this Agreement, the entire
balance of the loan with a balloon payment shall be paid by Developer to
City.
h. City shall have no obligation to issue a permit for connection of any lot to
the water main prior to the payment of the fee for such lot.
i. Developer shall, prior to the award of a contract for the construction of the
water main, execute and deliver to City, in a form acceptable to City a
promissory note and such other non-mortgage security as may be
acceptable to the City Manager in the City Manager's sole discretion.
7. City agrees to waive the $1,000 rezoning fee for the Property.
B. Failure by Developer to pay any connection fee required by this Agreement when
due shall constitute a material breach of this Agreement for which City may suspend
further performance of its obligations under this Agreement until such breach is
remedied.
9. This Agreement shall apply to and bind the heirs, successors, and assigns of the
parties.
4
10.AII 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 modified except by an amendment executed by both of the parties.
11. Upon execution of this Agreement, City shall promptly record this Agreement with
the Dubuque County Recorder.
CITY OF DUBUQUE, IOWA
Attest:
Jeanne F. Schneider, CMC
City Clerk
By:
Roy D. Buol
Mayor
STATE OF IOWA
DUBUQUE COUNTY
)
)
)
ss:
On this day of , 2006, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared ROY D. BUOL and
JEANNE F. SCHNEIDER, to me personally known, who being by me duly sworn, did
say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a
municipal corporation; that the seal affixed to the foregoing instrument is the corporate
seal of the corporation; that said instrument was signed and sealed on behalf of the
corporation by authority of its City Council, as contained in Resolution No.
passed by the City Council on the _ day of , 2006, and that ROY D. BUOL
and JEANNE F. SCHNEIDER acknowledged the execution of the foregoing instrument
to be their voluntary act and deed and the voluntary act and deed of the corporation, by
it and by them voluntarily executed.
Notary Public in and for said State
NORTH CASCADE ROAD DEVELOPERS, L.L.C.
Martin J. McNamer
Secretaryffreasurer
5
STATE OF IOWA
DUBUQUE COUNTY
)
)
)
ss.
On this day of , 2006, before me, the undersigned, a Notary
Public in and for said State, personally appeared MARTIN J. MCNAMER, to me
personally known, who being by me duly sworn, did say that he is the
Secretaryrrreasurer of said corporation; that no seal has been procured by the said
corporation; that said instrument was signed on behalf of said corporation by authority
of its Board of Directors; and that the said MARTIN J. MCNAMER, as
Secretaryrrreasurer, acknowledged the execution of said instrument to be the voluntary
act and deed of said corporation, by it and by them voluntarily executed.
Notary Public in and for said State
AMERICAN TRUST & SAVINGS BANK, Trustee of
the Mildred L. Henschel Trust Agreement Dated
August22,2005
Chris M. Even, Vice President
STATE OF IOWA
DUBUQUE COUNTY
)
)
)
ss.
On this day of , 2006, before me, the undersigned, a Notary
Public in and for said State, personally appeared CHRIS M. EVEN, to me personally
known, who being by me duly sworn, did say that she is the Vice President of said
corporation; that no seal has been procured by the said corporation; that said
instrument was signed on behalf of said corporation by authority of its Board of
Directors; and that the said CHRIS M. EVEN, as Vice President, acknowledged the
execution of said instrument to be the voluntary act and deed of said corporation and of
the fiduciary, by it and by them as fiduciary voluntarily executed.
Notary Public in and for said State
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February ~", 2006
Mayor Roy Buol and the
Dubuque City Council
City Hall
13 th and Central
Dubuque, IA 52001
Re: Request for Voluntary Annexation to City of Dubuque
Dear Mayor Buol and Dubuque City Council:
We, North Cascade Road Developers, L.L.C., and American Trust & Savings Bank, Trustee of
the Mildred L. Henschel Trust Agreement Dated August 22, 2005, hereby request that the
following described real estate be annexed into the City of Dubuque, subject to pre-development
agreement between North Cascade Road Developers, L.L.C. and the City of Dubuque:
Approx.
Lellal Descriotion Parcel No. Acrealle
Lot 4 of the NE 1/4 of Section 3, Township 88
North, Range 2 East of the 5th P.M., according
to the United States Government Survey and
the recorded plats thereof
1503200006
46.7
Lot 6 of the NE 1/4 of Section 3, Township 88
North, Range 2 East of the 5th P.M., according
to the United States Government Survey and
the recorded plats thereof
1503200005
80.0
Lot 2 of Henschel-McNamer Place, Plat #2, in
the City of Dubuque, and Dubuque County, Iowa,
according to the recorded plat thereof, except that
portion which is a part of the City of Dubuque
1502151005
1502251002
55.0
Attached is a map showing the property to be annexed outlined in red.
Respectfully submitted,
NORTH CASCADE ROAD DEVELOPERS, L.L.C.
t,>o- c:~
By --
Martin J. McNamer, Secretary and Treasurer
AMERICAN TRUST & SAVINGS BANK, Trustee
of the Mildred L. Henschel Trust Agreement Dated
AUgu2} ~005 (;' .
By Y..u ~J-fAA--
Chris M. Even, Vice President
as Contract Seller of an undivided one-half interest
in Lot 4 and Lot 6 of the NE 1/4 of Section 3,
Township 88 North, Range 2 East of the 5th P.M,
according to the United States Government Survey
and the recorded plats thereof
Dubuque GIS ,Mgpping
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http'I.v-o-yw, dbq,~pVIIM~1 17'., \ve.bZ~dub"uqi."elpri'f'lt. d6?ti tI i;Box .:&1&1:titl e",D.:Jb:aq ue-
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ARTICLES OF ORGANIZATION
OF
NORTH CASCADE ROAD DEVELOPERS, L.L.c.
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~THE SECRETARY OF STATE
$THE STATE OF IOWA:
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The name of the limited liability company shall be N~thc;S;~.
Cascade R,oad Developers, L.L.C. 0 ",-c.,,
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the limited
52002. The
McNamer.
~', The undersigned, acting as a member and organizer of a limited 8
liability company organized under the Iowa Limited Liability ~
Company Act, Chapter 490A, Code of Iowa, does hereby adopt the <(
following Articles of Organization for such limited liabilitY<D
company. ;:::.
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ARTICJ:.E I
NAME OF THE LIMITED LIABILITY COMPANY
'ARTICLE II
REGISTERED OFFICE AND REGISTERED AGENT
The address of the initial registered office of
liability company is 5070 Wolff Road, Dubuque, Iowa
initial registered agent at such address is Martin J.
ARTICJ:.E III
PRINCIPAL OFFICE
The address of the principal office of the limited liability
company is 5070 Wolff Road, Dubuque, Iowa 52002.
ARTICLE IV
PERIOD OF DURATION
The limited liability company's existence shall commence upon
the acceptance of these Articles of organization by the Secretary
of State of Iowa for filing in accordance with the Iowa Limited
Liability Company Act and shall continue for a period of 50 years,
unless dissolved sooner pursuant to the terms of its operating
agreement or as otherwise provided by law.
ARTICJ:.E V
CERTIFICATES OF MEMBERSHIP
A member's interest in this limited liability company shall be
evidenced by a certificate of membership interest issued by the
company; and a member's interest in the company and a certificate
representing such interest may not be transferred except upon the
n-, "1~""'-''''':_
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books of the company after compliance with the terms of the
operating agreement.
ARTICLE VI
WRITTEN OPERATING AGREEMENT
This limited liability company shall enter into an operating
agreement providing for the administration and regulation of its
affairs. Provisions relating to management, management terms and
responsibilities, membership, voting, ownership of certificates and
transfer thereof, capital contributions and financial matters, and
miscellaneous substantive and procedural matters shall be set forth
in the operating agreement of the company.
Any operating agreement entered into by the members of the
limited liability company, and any amendments or restatements
thereof, shall be in writing. No oral agreement among any of the
members of the limited liability company shall be deemed or
construed to constitute any portion of, or otherwise affect the
interpretation of, any written operating agreement of the limited
liability company, as amended and in existence from time to time.
ARTICLE VII
BUSINESS PURPOSES
This limited liability company may engage in any lawful
business and shall have all powers provided by law which are
necessary or convenient to accomplish said business.
ARTICLE VIII
MANAGEMENT
The management of the company shall be vested in its members
in the manner described in the operating agreement of the company.
No member shall be an agent of the company unless expressly
authorized by the operating agreement. No members' or any other
persons' act shall bind the company except as may be expressly
authorized by the operating agreement of the company.
ARTICLE IX
LIMITATION OF LIABILITY OF MEMBERS
A member of the company shall not be personally liable to the
company or to its members for monetary damages for breach of
fiduciary duty as a member, except for liability (a) for a breach
of the member's duty of loyalty to the company or its members, (b)
for acts or omissions not in good faith or which involve
intentional misconduct or a knowing violation of law, or (c) for a
transaction from which the member derives an improper personal
benefit or a wrongful distribution in violation of Section 4 90A. 807
-2-
n~j''''11,r:''''~''''1
U .1' ":."..'-, ~r '.i
of the Iowa Limited Liability Company Act. If the Iowa Limited
Liability Company Act or other applicable law is hereafter amended
to authorize the further elimination or limitation of the liability
of members, then the liability of a member of the company, in
addition to the limitation on personal liability provided herein,
shall be eliminated or limited to the extent of such amendment,
automatically and without any further action, to the maximum extent
permitted by law. Any repeal or modification of this article by
the members of the company shall be prospective only and shall not
adversely affect any limitation on the personal liability, or any
other right or protection, of a member of the company with respect
to any state of facts existing at or prior to the time of such
repeal or modification.
ARTICLE X
NO SEAL
The limited liability company shall have no seal.
ARTICLE XI
EXBCUT:ION OF DOCUMBlllTS Al'I'BC'l':ING REAL BSTATE
Any and all documents affecting real estate, including,
without limitation, purchase agreements, offers to purchase,
warranty deeds, installment real estate contracts, mortgages,
leases, assignments, plats and restrictive covenants may be
executed, acknowledged, and delivered by any of the following
officers of the company in the name of and on behalf of the company
and only one such signature shall be required: President, Vice
President, Secretary, or Treasurer.
IN WITNESS WHEREOF, the undersigned member and organizer has
caused the execution of the foregoing Articles of Organization on
this ~\ day of January, 2005.
-~ . ~ ------.
Mart1n J. McNamer
Organizer and Member
n *:~~.:'70,,1~
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FILED
IOWA
SECRETARY OF STATE
::? ' I 0 -os-
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Oty of Dubuque
Planning Servia!s Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
o Variance
DCondltlonal Use Permit
DAppeal
DSpedal Exception
DUmited Setback waiver
PLANNING APPUCATlON FORM
~ning DSimple Site Plan
DPlanned District DMinor Site Plan
DPreliminary Plat 0 Major Site Plan
DMlnor Final Plat 0 Major Final Plat
OText Amendment DSlmp/e SutKflVision
DAnnexation
OTempoolry Use Permit
DCertlllcate of Emnomic Non-Viability
DCertlftcate of Appropriateness
DOther:
Please tvoe or Drint legibly in Ink
Propertyowner(s):~ C. R.. ~-.)Jl..\ o~ / k",. Phone: ~l..a3S8~-~"1lp2--
Address: F;~., c::::". ~l~ t& Oty~~ 5tate:CJi. Zip: ~~2.....
Fax Number: 5l...3> 5 ~ ;>. 6~~ Mobile/Cellular Number: ~3 5'1'\:::. ~ 1'73
Applicant/Agent: Jv\.I>.-cl--.-J Mc...~~/L. Phone: -:sc.3 r;s 7 J '1/2-
Address:J~3~ ~Ni," t'1.-. Oty:""hBl:S.... 5tate:~Z1p: ~z.C>~
Fax Number: "5l....'3 5~2..!S~~9 Mobile/Cellular Number: 5<"'3 -Sq<e:.'::l..(13
Site location/address: ~. t::>~ ~~d\- ~~ l2.s;:..
Existing zoning: C.."",-I-y Proposed zoning: 12. - b Historic Dlsbid: J/ /,4 Landmark: N / A-
, .
Legal Description (Sidwell parcel 10# or lot number/bled< number/subdivision): J ~ -z., "Z. ~~.....l..
.Jf:.t:."3 '2...~-...:5") I ~ C"2. \.S , ~S- / 15~:J /_5 I C~.,
Total property (lot) area (square feet or acres): I \S I .'1 Ac:t.IlJe.~
Describe proposal and reason necessary (attach a letter of explanation, If needed):
~~?_....\..., "pJ\o,.~ ('...,.,s............_+ '-3.,.\.... 4........v..j...... <lo ..).J..... c."+r
~ -n.~ \
.
CERTIFICATION: l/we, the undersigned, do hereby certify that:
1. The infonnation submitted herein is true and oorrect to the best of my/our knowledge and upon
submittal beoomes public recon:I;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required wrltten and graphic materials are attached.
Property Owner(s): ~
Applicant/Agent: _~
~/
~
Date: :l. ( 2- '!J 't::> \..
Date:~
_ FOR ~mCE U~L~ rnON SUBMITTAL CHECKUST
Fee: Recetved by: - Date: ~h~o~ Docket:
OSile/sketd1 plan OConceptual Development Plan OPhoto Olmprovement plans
DDesign review project description OFloor plan OPfat OOther:
.
ANNEXATION STAFF REPORT
Council Agenda: June 5, 2006
Property Location: South of North Cascade Road
Property Owner: NCR Developers, Inc. / Martin McNamer
Legal Description: See Exhibit A
Proposed Land Use: Residential
Proposed Zoning: R-3
Existing Land Use: Agricultural
Existing Zoning: County A-1/ R-2 Single-Family
Adjacent Land Use: North - Vacant
East - Vacant
South - Agricultural
West - Agricultural
Adjacent Zoning: North - A-1 Agricultural
East - County R-2/C-1 Conservancy
South - County A-1/C-1
West - County A-1
Flood Plain: No
Total Area: 181.59 acres
Water: No
Existing Street Access: No
Storm Sewer: No
Sanitary Sewer: Yes
Purpose: To rezone to R-3 Moderate Density Multi-Family Residential for future mixed
residential development in conjunction with annexation.
Physical Characteristics: The subject property is located west of Manson Road and
south of North Cascade Road. The property is characterized as a rolling topography
with wooded ravines and hillside on the north end of the property. It has been used for
agricultural purposes since it's been cleared of trees. The preferred alignment of Iowa
32 (Southwest Arterial) lies approximately 1,000 feet to the south of the property.
Conformance with Comprehensive Plan: The Comprehensive Plan includes goals
and objectives supporting annexation of land for residential development that is readily
served by City infrastructure and utilities. This request is consistent with the
Comprehensive Plan's Land Use Element: Goals 1.2, 1.5, 10.2, 10.3, 10.4 and 10.6.
The 2002 Proposed Land Use Map of the Comprehensive Plan designated this area for
residential development.
Impact of Request on:
Utilities: City utilities can be extended to serve the subject property.
Traffic Patterns/Counts: The subject property would be served by an extension of
the public street to be built as part of Timber-Hyrst Estates Subdivision, currently
ANNEXATION STAFF REPORT - NCR Developers
Page 2
within the City of Dubuque corporate limits, and a future access to North Cascade
Road through a portion of the Valentine property.
Public Services: Existing public services are adequate to serve the property as
it's developed for residential purposes.
Environment: The rolling topography of this site will require adequate erosion
control during any development of the property and adequate storm water control
after development.
Adjacent Properties: The impact to adjacent properties will mostly be through
increased volume of traffic on North Cascade Road and Manson Road and an
increase in the ambient light level.
CIP Investments: The City of Dubuque intends to place the reconstruction of
North Cascade Road, including the two curves heading up the hill west of Catfish
Creek, in its Five Year Capital Improvement Program. It is the intent of the City to
perform the work subject to the availability of funds within six years.
Staff Analysis and Recommendation:
The property requested for annexation lies outside the urbanized area of any other city.
Iowa Code allows for these types of voluntary annexation requests be approved first by
the City Council, and then by the Secretary of State. The property meets Iowa Code
requirements for 50 feet of adjacent boundary for annexation to the City of Dubuque.
The property is included in the City's 1996-1997 Annexation Study as a preferred area
for annexation due to its proximity to the City limits, infrastructure and utilities. The
applicant has requested City financial assistance to facilitate development of housing.
The staff recornmendation foran agreement regarding City assistance will provided
under separate cover for the public hearing.
On April 5, 2006, the Zoning Advisory Commission recommended approval of rezoning
to R-2 Two-Family Residential rather than the R-3 requested by NCR Developers. Mr.
McNamer indicated at the meeting that R-3 zoning provides flexibility in developing the
property with a mixture of housing styles, including single-family detached houses and
townhouses, in a range of prices that will vary in terms of lot size and frontage.
Staff recommends approval of the annexation request.
Prepared by:
Reviewed:
Date: