Annexation Herrig, Butler
DUB~E
~~~
MEMORANDUM
June 20, 2006
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager ~
RE: Voluntary Annexation Request -- John and Sally Jo Herrig
INTRODUCTION
This memo transmits a resolution approving the voluntary annexation application from
John and Sally Jo Herrig for annexation of 112.10 acres of their property south of
Derby Grange Road, in conjunction with rezoning their property to R-3 Moderate
Density Multi-Family Residential, C-3 General Commercial, and AG Agricultural and
approval of a pre-annexation agreement. In addition, 0.647 acres of adjacent County
right-of-way to the centerline of Derby Grange Road would be annexed.
The City Council tabled the public hearings on the voluntary annexation application and
the rezoning at the June 19, 2006 meeting. City Attorney Barry Lindahl has requested
that a separate resolution for the Herrig annexation request be provided for the City
Council's consideration. A staff report, application materials, and the pre-agreement for
the Herrig annexation request also are enclosed.
BACKGROUND
After approval by the City Council, the State of Iowa's City Development Board must
approve the annexation for it to become final because the Herrig property lies within
two miles of the City of Asbury and the City of Sageville.
The Herrig property meets Iowa Code requirements for annexation when combined with
the Motor City/Corey annexation request that was approved at the June 19, 2006
meeting. It avoids the creation of an island of unincorporated territory when combined
with the Butler annexation.
State law requires that the City annex to the centerline of any adjoining County
secondary road, so 0.647 acres of adjacent public right-of-way for Derby Grange Road
is included in the Herrig annexation request.
Herrig Voluntary Annexation Request
Page 2 of 4
The Zoning Advisory Commission recommended rezoning to R-2 Two-Family
Residential zoning rather than the R-3 requested by the Herrigs. The Commission also
recommended that the C-3 District have a rear yard setback of 20% lot depth. At the
June 19, 2006 public hearing, John Herrig agreed verbally to the R-2 rezoning, but not
to the 20% setback in C-3.
DISCUSSION
The Herrigs have requested City financial assistance to facilitate future development,
and have signed the enclosed pre-annexation agreement. The agreement provides a
waiver of rezoning fees and a five-year transition on City property taxes the same as for
the Butler and Motor City annexations. City staff has recommended the enclosed
agreement with the Herrigs based on current City policy and financial resources,
subject to review and approval by the City Council with the following additional terms
and conditions:
~ The City will construct a sanitary sewer to serve the Herrig property. The fee for
sanitary sewer connection of lots to City's sewer system will be as follows:
For the portion of the Property designated as the A-1 District on the enclosed
Exhibit A, the fee for connection to the sewer system will be $5,000.00 provided that
the A-1 District is developed and used exclusively for the Herrigs' personal
residence. The fee will be paid to the City upon connection of their personal
residence to the City's sewer system. If the A-1 District is developed for any
purpose other than for their personal residence, the Herrigs must pay the
connection fee of $500.00 per acre for any property developed for any purpose
other than their personal residence. The $500.00 per acre fee must be paid within
twelve (12) months after final plat approval for each phase for any property
developed for any purpose other than their personal residence.
b. The Herrigs must pay the $500.00 per acre connection fee for any property
designated C-3 General Commercial District on the enclosed Exhibit A. The Herrigs
agree to pay the connection fee to the City for each lot they sell at the time of the
sale of each lot and based upon the acreage of the lot. There is a balloon payment
of any remaining balance by no later than five (5) years from the date of this
Agreement based on the total acreage of the C-3 General Commercial District.
c. The Herrigs must pay the $500.00 per acre connection fee for any property
designated R-3 Moderate Density Multi-Family Residential District on the enclosed
Exhibit A. The Herrigs agree to pay the connection fee to the City for each lot they
sell at the time of the sale of each lot and based upon the acreage of the lot. There
is a balloon payment of any remaining balance by no later than five (5) years from
Herrig Voluntary Annexation Request
Page 3 of 4
the date of this Agreement based on the total acreage of the R-3 Moderate Density
Multi-Family Residential District.
~ The City will provide an interest-free loan in an amount not to exceed $150,000 for
the construction of a sanitary sewer to serve Phase 1 of the R-3 District. To be
eligible for this loan, the work must be bid and contracted by City and is subject to
City bidding requirements.
a. The Herrigs must pay for by an Iowa licensed professional engineer to prepare
all plans, specifications, and construction documents for the sewer necessary for
City review and approval and to comply with the requirements of state law for public
improvement contracts so that the City can bid the project and award the contract
as a City project. If the cost of the selected bid exceeds the loan funds offered by
the City, the Herrigs have the option to contract separately for the improvements in
excess of the loan funds offered, or to pay the City's cost of the improvements in
excess of the loan funds prior to bid award, or to reduce the scope of the project to
match the loan funds offered by the City.
b. Upon completion of the construction of the sewer, all dwellings constructed in the
R-3 District must be connected to City's sewer.
c. The City will establish a loan repayment schedule of payments to be paid by
Herrigs at the time of the sale of each R-3 lot. Each such payment will be credited
toward the Herrigs' loan. Not later than five (5) years from the date of this
Agreement, the entire balance of the loan must be paid to the City.
d. As security for the loan by the City to the Herrigs, prior to the award of a contract
for the construction of the sewer, the Herrigs must execute a promissory note and
mortgage or other security encumbering the property.
~ The City will provide an interest-free loan to the Herrigs in an amount not to exceed
$50,000 for the construction of a water main to serve Phase 1 of the R-3 District. To
be eligible for this loan, the work must be bid and contracted by City and is subject
to City bidding requirements.
a. The Herrigs must pay for by an Iowa licensed professional engineer to prepare
all plans, specifications, and construction documents for the water main necessary
for City review and approval and to comply with the requirements of state law for
public improvement contracts so that the City can bid the project and award the
contract as a City project. If the cost of the selected bid exceeds the loan funds
offered by the City, the Herrigs have the option to contract separately for the
improvements in excess of the loan funds offered, or to pay the City's cost of the
improvements in excess of the loan funds prior to bid award, or to reduce the scope
Herrig Voluntary Annexation Request
Page 4 of 4
of the project to match the loan funds offered by the City.
b. Upon completion of the construction of the water main, all dwellings constructed
in the R-3 District must be connected to the water main.
c. The City will establish a loan repayment schedule of payments to be paid by
Herrigs at the time of the sale of each R-3 lot. Each such payment will be credited
toward the Herrigs' loan. Not later than five (5) years from the date of this
Agreement, the entire balance of the loan must be paid to the City.
d. As security for the loan by the City to the Herrigs, prior to the award of a contract
for the construction of the sewer, the Herrigs must execute a promissory note and
mortgage or other security encumbering the property.
e. The City will pay the difference between the material cost of a-inch and 12-inch
water main for water main that the City Manager determines in the City Manager's
sole discretion is required by the City for future development.
~ The loans provided under this agreement are for services to principally residential
development. Any benefit to future commercial development is incidental only.
RECOMMENDATION
I recommend that City Council adopt the enclosed resolution approving the voluntary
annexation request of John and Sally Jo Herrig, and approve the pre-annexation
agreement signed by the Herrigs, and then direct staff to file the required
documentation with the State of Iowa's City Development Board.
Enclosures
F:/USERSIWP/LCARSTEN/COUNCIUMolor CilLHenilLBuller Annexation/Herrig Annexation memo.doc
Prepared by: Laura Carstens. Cilv Planner Address: Cilv Hall 50 W. 13th Sl Telephone: 589-4210
Return 10: Jeanne Schneider. Cilv Clerk Address: Cilv Hal~ 50 W. 13'" SI Telephone: 589-4121
RESOLUTION NO.
-06
RESOLUTION APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF
TERRITORY OWNED JOHN W. AND SALLY JO HERRIG
Whereas, John W. and Sally Jo Herrig, as property owners have submitted a
written application for voluntary annexation of approximately 112.10 acres of
territory lying outside the corporate limits of the City of Dubuque, Iowa, as shown in
Exhibit A and legally described as:
Lot 1 of Lot 2 of the SW X of the SW X of Section 8, T89N, R2E of the 5th
P.M. in Dubuque County, Iowa;
Lot 1 of Butler's Hill Second Addition, T89N, R2E of the 5th P.M. in Dubuque
County, Iowa;
Lot 3 of Butler's Hill Second Addition, T89N, R2E of the 5ttJ P.M. in Dubuque
County, Iowa;
Lot 2 of the N Y. of the SW X of Section 8, T89N, R2E of the 5th P.M. in
Dubuque County, Iowa;
SW X of the SW X of Section 8, T89N, 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
Resolution No. - 06
Page 2
Whereas, the annexation territory includes 0.647 acres of adjacent County road
right-of-way to the centerline of Derby Grange Road; 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
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 Precinct Six (6)
of Ward Two (2) 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.
Resolution No. - 06
Page 3
Passed, approved and adopted this
Attest:
Jeanne F. Schneider, City Clerk
day of
2006.
Roy D. Suol, Mayor
F:/USERS/LCARSTENlWP/COUNCILJMolor City Herrig Butler Annexation/Herrig annexation res.doc
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PlannIng Services Department
0ItIuque, IA S2001~
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPUCATlON FORM
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AckIress: T ~1lif) ~""IrD'1 ' "IItD
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MoblIe/CeIlUar NLmber: SU 1;4~- H.41;
Phor1e: S mR8
Addn!ss: Oty:
Stale: ___ ZIp:
Fax Number.
MablIe/CeIIUar Nlmber:
Sltelocallollfadd.ess: 13316 and 13500 lkJrbll ~"- !land 1Jflhu'lUD 10"''' I;",M
fxlstIng:zcnlng: Aa ~:~- g, /-1tstooc DIsbt<:t: i.a1dllilrlc __
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Total prope.ty (lot) _ (5qUIIIe feet or acres): 112 A~Jrt!A MIL all "'I' A..h"A 1./11
Describe p1..,...sa1 and reason ,- ry (alI:ach a IEtb!r eX ecpIanalIon, If needed):
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CERTlFlCATION: I/we. the U1deIsIgned, cb hen!by certify that:
1. The h/u....iIIlbl SIAl..jlb,,(J herein Is true and CXIm!d: to the best eXTrrfloa kl_.'JI!dge and upon
submittal beo.A.ol!$ pUJIc recorcJ;
2. Fees are not reI\n:IabIe and p&yITlI!I1t does not guIlI'llIllI!e appI'fMII; and
3. A11~ reqlJredWfltlenandglaphk: .~"'Wl.are dtt.ad.ed.
4. AU appt.i.c.a.t,i.on 6~e4 IV!Cl ZOIWLg. 6e~ pVI. annelC.li.U.o/l /f.e.quu..t and zOrUng
Propelty~):aJte. hvte.-.uI WtUved by ;the Ci...trJ 06 VubuqueUale:
~Agent Date:
FOR urrAU: USE ONLY -APPLICAnoN SlmMITTAl aEa" TCT
Fee: ~ by:
OSlte/sketI:h plan 0 Cofv""fJ/' IlIl Del !Iopnleill: Plan
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Prepared by Barry A. Lindahl 300 Main street Su~e 330 Dubuque IA 52001 563 563-4113
Return to: Jeanne Schneider, City Cieri< Address: City Hall, 50 W. 13th SI. Telephone: 589-4120
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
JOHN W. AND SALLY JO HERRIG
This Agreement, dated the _ day of , 2006, is made and entered
into by, between and among the City of Dubuque, Iowa (City) and John W. and Sally Jo
Herrig (Developers).
WHEREAS, Developers are the owners of the real property shown on Exhibit A,
incorporated herein by reference, and legally described as follows:
Lot 1 of Lot 2 of the SW 14 of the SW 14 of Section 8, T89N, R2E of
the 5th P.M. in Dubuque County, Iowa (parcellD # 1008451003)
Lot 1 of Butler's Hill Second Addition, T89N, R2E of the 5th P.M. in
Dubuque County, Iowa (parcellD # 1008376003);
Lot 3 of Butler's Hill Second Addition, T89N, R2E of the 5th P.M. in
Dubuque County, Iowa (parcellD # 1008451004);
Lot 2 of the N % of the SW 14 of Section 8, T89N, R2E of the 5th
P.M. in Dubuque County, Iowa (parcellD # 1008328003); and
SW 14 of the SW 14 of Section 8, T89N, R2E of the 5th P.M. in
Dubuque County, Iowa (parcellD # 1008351001);
and
WHEREAS, Developers intend to request City to annex the Property; and
1
WHEREAS, as an incentive to Developers 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 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
the Property. In the event the City Development Board order 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 in the Board's order.
2. Upon the filing of Developers' 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 City Development Board as provided by law. Developers
agree not to withdraw the application or any part thereof after its filing with City.
3. City intends to construct a sanitary sewer which will be available to serve the
Property. The fee for sanitary sewer connection of lots in the Property to City's sewer
system shall be as follows:
a. For the portion of the Property designated as the A-1 District on Exhibit A
incorporated herein by reference, the fee for connection to the sewer system shall be
$5,000.00 provided that such A-1 District shall be developed and used exclusively for
Developers' personal residence. The fee shall be paid to City upon connection of
Developers' personal residence to City's sewer system. If the A-1 District is developed
for any purpose other than for Developers' personal residence, Developers shall pay the
connection fee of $500.00 per acre for any property developed for any purpose other
than the Developers' personal residence. The $500.00 per acre fee shall be paid within
twelve (12) months after final plat approval for each phase for any property developed
for any purpose other than the Developers' personal residence.
b. Developers shall pay the $500.00 per acre connection fee for any property
designated C-3 General Commercial District on Exhibit A incorporated herein by
reference. Developers agree to pay the connection fee to City for each lot sold by
Developers at the time of the sale of each lot and based upon the acreage of the lot.
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. Regardless of the number of lots
sold by Developers, if any, however, Developers shall pay to City by no later than five
(5) years from the date of this Agreement the entire balance of the connection fee
based on the total acreage of the C-3 General Commercial District.
c. Developers shall pay the $500.00 per acre connection fee for any property
designated R-3 Moderate Density Multi-Family Residential District on Exhibit A
2
incorporated herein by reference. Developers agree to pay the connection fee to City for
each lot sold by Developers at the time of the sale of each lot, based upon the acreage
of the lot sold. 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. Regardless of the
number of lots sold by Developers, if any, however, Developers shall pay to City by no
later than five (5) years from the date of this Agreement the entire balance of the
connection fee based on the total acreage of the R-3 Moderate Density Multi-Family
Residential District.
4. City shall provide an interest-free loan to Developers in an amount not to
exceed $150,000 for the construction of a sanitary sewer to serve Phase 1 of the R-3
District. To be eligible for this loan, the work must be bid and contracted by City and is
subject to City bidding requirements.
a. Developers shall cause to be prepared at their expense by an Iowa licensed
professional engineer and submit to City all plans, specifications, and construction
documents for the sewer necessary for City review and approval and to comply with the
requirements of state law for public improvement contracts so that City can bid the
project and award the contract as a City project. If the cost of the selected bid exceeds
the loan funds offered by City, the Developers shall have the option to contract
separately for the improvements in excess of the loan funds offered, or to pay City's
cost of the improvements in excess of the loan funds offered to City prior to bid award,
or to reduce the scope of the project to match the loan funds offered by City.
b. Upon completion of the construction of the sewer, all dwellings constructed in
the R-3 District shall be connected to City's sewer.
c. City shall establish a loan repayment schedule of payments to be paid by
Developers to City at the time of the sale of each R-3 lot. Each such payment shall be
credited toward Developers' loan. Not later than five (5) years from the date of this
Agreement, the entire balance of the loan shall be paid by Developers to City.
d. As security for the loan by City to Developers, Developers shall, prior to the
award of a contract for the construction of the sewer, execute and deliver to City, in a
form acceptable to City a promissory note and mortgage encumbering the Property or
such other security as may be acceptable to the City Manager in the City Manager's
sole discretion.
5. City shall provide an interest-free loan to Developers in an amount not to
exceed $50,000 for the construction of a water main to serve Phase 1 of the R-3
District. To be eligible for this loan, the work must be bid and contracted by City and is
subject to City bidding requirements.
a. Developers shall cause to be prepared at their expense by an Iowa licensed
professional engineer and submit to City all plans, specifications, and construction
documents necessary for the water main for City for City review and approval and to
3
comply with the requirements of state law for public improvement contracts so that City
can bid the project and award the contract as a City project. If the cost of the selected
bid exceeds the loan funds offered by City, the Developers shall have the option to
contract separately for the improvements in excess of the loan funds offered, or to pay
City's cost of the improvements in excess of the loan funds offered to City prior to bid
award, or to reduce the scope of the project to match the loan funds offered by City.
b. Upon completion of the construction of the water main, all dwellings
constructed in the R-3 District shall be connected to the water main.
c. City shall establish loan repayment schedule of payments to be paid by
Developers to City at the time of the sale of each R-3 lot identified in Phase I of this
development. Each such payment shall be credited toward Developers' loan. Not later
than five (5) years from the date of this Agreement, the entire balance of the loan shall
be paid by Developers to City.
d. As security for the loan by City to Developers, Developers 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 mortgage encumbering the Property or
such other security as may be acceptable to the City Manager in the City Manager's
sole discretion.
e. City shall pay to Developers the difference between the material cost of a-inch
and 12-inch water main for water main that the City Manager determines in the City
Manager's sole discretion is required by City for future development, provided that City
shall have no obligation to pay Developers such difference in the material cost for water
main which the City Manager determines in the City Manager's sole discretion is
required by Developers to support the construction and the development of the
Property.
6. The loans provided under paragraphs 5 and 6 are being made for services to
principally residential development. Any benefit to future commercial development is
incidental only.
7. City agrees if Developers' annexation application is approved by the City
Council, the resolution approving the application shall provide for the transition for the
imposition of city taxes against the Property. The 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%).
4
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.
8. City agrees to waive the $1,000 rezoning fee.
9. Failure by Developer to pay any connection fee 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.
10. This Agreement shall apply to and bind the heirs, successors, and assigns of
the parties.
11. 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 modified except by an amendment executed by both of the
parties.
12. 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 containeo 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
5
DEVELOPERS
John D. Herrig
Sally Jo Herrig
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 JOHN D. HERRIG and SALLY JO
HERRIG, to me personally known, who being by me duly sworn, did say that they
are the Property Owners; and that the said JOHN D. HERRIG and SALLY JO
HERRIG, 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
6
~ EXHIBIT A I I !1l1
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ANNEXATION STAFF REPORT
Council Agenda: June 19, 2006
Property Location:
South of Derby Grange Road
Legal Description:
John W. & Sally Jo Herrig
Lot 1 of Lot 2 of the SW Yo of the SW Yo, Lot 1 of Butler's Hill 2nd
Addition, Lot 3 of Butler's Hill 2nd Addition, Lot 2 of the N % of the SW
Yo, and SW Yo of the SW Yo of Section 8, T89N, R2E of the 5th P.M. in
Dubuque County, Iowa, including 0.647 acres of adjacent public right-
of-way for Derby Grange Road
Property Owner:
Proposed Land Use: Residential/Commercial
Proposed Zoning: R-3/C-3/AG
Existing Land Use: Agricultural
Existing Zoning: County A-1 Agricultural
Adjacent Land Use: North - Residential
East - Agricultural
South - Agricultural
West - Residential
Adjacent Zoning: North - County A-1
East - County A-1
South - County A-1
West - County A-1
Flood Plain: Yes
Total Area: 112.10 acres
Water: No
Existing Street Access: Yes
Storm Sewer: No
Sanitary Sewer: No
Purpose: To rezone to R-3 Moderate Density Multi-Family Residential, C-3 General
Commercial, and AG Agricultural, in conjunction with annexation.
Physical Characteristics: The subject property is located south of Derby Grange Road. The
property is characterized as a rolling topography that drains primarily to the northwest. It has
been used for agricultural purposes since its settlement.
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, 2.3, 6.1, 6.2, 6.3, 7.2, 8.5, 10.2 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 will be served by an extension of Plaza
Drive to Derby Grange Road. Plaza Drive is the public street that serves the
northeastern portion of Asbury Plaza Shopping Center, currently within the City of
ANNEXATION STAFF REPORT. Herrig
Page 2
Dubuque corporate limits. Based on 2001 IDOT counts, Derby Grange Road carries
approximately 650 average daily trips.
Public Services: Existing public services are adequate to serve the property as irs
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 Derby Grange Road and an increase in the ambient light level.
CIP Investments: The City of Dubuque will be coordinating the extension of City water
and sewer into these areas to service the future development of the property.
Staff Analysis and Recommendation:
The property requested for annexation lies within the urbanized areas of the City of Asbury
and the City of Sageville. Iowa Code allows for these types of VOluntary annexation requests
be approved first by the City Council, and then by the State of Iowa's City Development
Board. The property meets Iowa Code requirements for 50 feet of adjacent boundary for
annexation to the City of Dubuque when combined with the Motor City/Corey annexation
request. It avoids the creation of an island of unincorporated territory when combined with the
Butler annexation.
State law requires that the City annex to the centerline of any adjoining County secondary
road, so 0.647 acres of adjacent public right-of-way for Derby Grange Road is included in the
Herrig annexation request.
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 staff
recommendation for an agreement regarding City assistance will provided under separate
cover for the public hearing.
On May 3, 2006, the Zoning Advisory Commission recommended approval of R-2 Two-Family
Residential rezoning rather than the R-3 requested by the Herrigs. The Commission also
recommended that the proposed C-3 General Commercial District utilize the rear yard setback
of 20 percent of lot depth regardless of zoning of adjacent property.
Staff recommends approval of the annexation request.
Prepared by: Laura Carstens Reviewed: N/A
Date: 06-06-06
5UB~E
~~~
MEMORANDUM
June 20, 2006
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager ~
RE: Voluntary Annexation Request -- Dean and Patricia Butler
INTRODUCTION
This memo transmits a new resolution approving the voluntary annexation application of Dean
and Patricia Butler for annexation of 8 acres of their property south of Derby Grange Road, in
conjunction with rezoning their property, and approval of a pre-annexation agreement. The
staff report, application materials, and the pre-annexation agreement also are enclosed.
DISCUSSION
After approval by the City Council, the State of Iowa's City Development Board must approve
the annexation for it to become final because the Butler property lies within two miles of the
City of Asbury and the City of Sageville.
The Butler property meets Iowa Code requirements for annexation when combined with the
Herrig annexation request that is pending before the City Council and the Motor City/Corey
annexation request that was approved at the June 19, 2006 meeting.
The Zoning Advisory Commission recommended rezoning to R-2 Two-Family Residential
zoning rather than the R-3 Moderate Density Multi-Family Residential originally requested by
the Butlers. The Butlers agreed verbally to the R-2 rezoning recommendation through their
agent, John Herrig. The City Council approved R-2 rezoning at the June 19, 2006 meeting.
The Butlers have signed the enclosed pre-annexation agreement, which provides for a waiver
of rezoning fees and a five-year transition on City property taxes the same as in the Herrig
and Motor City agreements, subject to City Council review and approval.
RECOMMENDATION
I recommend that City Council adopt the enclosed resolution approving the voluntary
annexation request of Dean and Patricia Butler, and approve the pre-annexation agreement
signed by the Butlers, and then direct staff to file the required documents with the State of
Iowa's City Development Board.
Enclosures
F:/USERSIWP/LCARSTEN/COUNCIUMolor CitLHerrllLBuller Annexation/Buller Annexation mom.doc
Prepared by: Laura Carstens City Planner Address: City Hall 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. City Clerk Address: City Hall- 50 W. 13m St Telephone: 589-4121
RESOLUTION NO.
- 06
RESOLUTION APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF
TERRITORY OWNED BY DEAN AND PATRICIA BUTLER
Whereas, Dean and Patricia Butler, as property owners have submitted a
written application for voluntary annexation of approximately 8 acres of territory
lying outside the corporate limits of the City of Dubuque, Iowa, as shown in Exhibit
A and legally described as: Lot 2 Butler's Hill 2nd Addition, Section 8, T89N, R2E of
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, county or railroad
property; 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
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:
Resolution No. - 06
Page 2
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 Precinct Six (6)
of Ward Two (2) 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. Suol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:/USERS/LCARSTENIWP/COUNCIUMolor City Herrig Butler Annexation/Butler annexation res.doc
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Prepared by Barry A. Lindahl 300 Main Street Su~e 330 Dubuque IA 52001 563 583-4113
Return to: Jeanne Schneider, City Clerk Address: City Hall, 50 W. 13th SI. Telephone: 589-4120
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DEAN AND PATRICIA BUTLER
This Agreement, dated the _ day of , 2006, is made and entered
into by and between the City of Dubuque, Iowa (City) and Dean and Patricia Butler
(Developers).
WHEREAS, Developers are the owner of the real property (the Property) shown
on Exhibit A, incorporated herein by reference, and legally described as follows:
Lot 2 of Butler's Hill Second Addition, Section 17, T89N, R2E of the
5th P.M. in Dubuque County, Iowa.
WHEREAS, the Developers intend to request that City annex the Property; and
WHEREAS, as an incentive to Developers to voluntarily apply to City to annex
the Property and 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 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
the Property. In the event the City Development Board order approves such annexation
as to less than all of the parcels in the Property, this Agreement shall be null and void
with respect to any of the parcels not included in the Board's order.
1
2. Upon the filing of the Developers' 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 City Development Board as provided by law. The
Developer agrees not to withdraw the application or any part thereof after its filing with
City.
3. City agrees to waive the $650 rezoning fee for the rezoning of the Property.
4. City agrees if Developers' annexation application is approved by the City Council,
the resolution approving the application shall provide for the transition for the imposition
of city taxes against the Property. The 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.
5. This Agreement shall apply to and bind the heirs, successors, and assigns of the
parties.
6. 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 modified except by an amendment in writing executed by both of the parties.
7. 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
)
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)
ss:
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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
DEVELOPERS
Dean Butler
Patricia Butler
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 DEAN BUTLER and PATRICIA
BUTLER, to me personally known, who being by me duly sworn, did say that they are
the Property Owners; and that the said DEAN BUTLER and PATRICIA BUTLER,
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
"l
EXHIBIT A
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ANNEXATION STAFF REPORT
Council Agenda: June 19, 2006
Property Location: South of Derby Grange Road
Property Owner: Dean and Patricia Butler
Legal Description: Lot 2 Butler's Hill 2nd Addition, Section 8, T89N, R2E of 5th P.M.
Proposed Land Use: Residential
Proposed Zoning: R-3
Existing Land Use: Residential
Existing Zoning: County A-1/ R-1 Single-Family
Adjacent Land Use: North - Residential
East - Agricultural
South - Agricultural
West - Residential
Adjacent Zoning: North - County A-1
East - County A-1
South - County A-1
West - County A-1
Flood Plain: No
Total Area: 8 acres
Water: No
Existing Street Access: Yes
Storm Sewer: No
Sanitary Sewer: No
Purpose: To rezone to R-3 Moderate Density Multi-Family Residential for existing
home consistent with proposed Herrig residential development surrounding this
property, in conjunction with annexation.
Physical Characteristics: The subject property is located south of Derby Grange Road.
The property is characterized as a rolling topography that drains primarily to the
northwest. It has been used for agricultural purposes since its settlement.
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 1.2,1.5,2.3,6.1,6.2,6.3,7.2,8.5,
10.2 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 access to the
planned residential subdivision of the surrounding Herrig property. The Herrig
ANNEXATION STAFF REPORT - Butlers
Page 2
property will be served by an extension of Plaza Drive to Derby Grange Road.
Plaza Drive is the public street that serves the northeastern portion of Asbury
Plaza Shopping Center, currently within the City of Dubuque corporate limits.
Based on 2001 IDOT counts, Derby Grange Road carries approximately 650
average daily trips.
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 Derby Grange Road and an increase in the
ambient light level.
CIP Investments: The City of Dubuque will be coordinating the extension of City
water and sewer into these areas to service the future development of the
property.
Staff Analysis and Recommendation:
The property requested for annexation lies within the urbanized areas of the City of
Asbury and the City of Sageville. Iowa Code allows for these types of voluntary
annexation requests be approved first by the City Council, and then by the State of
Iowa's City Development Board. The property meets Iowa Code requirements for 50
feet of adjacent boundary for annexation to the City of Dubuque when combined with
the Herrig and Motor City/Corey annexation requests.
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
staff recommendation for an agreement regarding City assistance will provided under
separate cover for the public hearing.
On May 3, 2006, the Zoning Advisory Commission recommended approval of rezoning
to R-2 Two-Family Residential rather than the R-3 requested by the Butlers.
Staff recommends approval of the annexation request.
Prepared by: Laura Carstens Reviewed: N/A
Date: 06-06-06
June 15, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Voluntary Annexation Requests of Motor City LLC I Wendell Corey, John
and Sally Jo Herrig, and Dean and Patricia Butler
Planning Services Manager Laura Carstens is recommending approval of a voluntary
annexation requests for Motor City LLC !Wendell Corey, John and Sally Jo Herrig, and
Dean and Patricia Butler.
The key elements of the voluntary annexation request for 8 acres from Dean and
Patricia Butler and approval of an Annexation Agreement include the City providing for
the transition for the impact of City property taxes against the property for a period of
five years:
a. For the five year, 75%;
b. For the second year, 60%;
c. For the third year, 45%;
d. For the fourth year, 30%; and
e. For the fifth year, 15%.
The voluntary annexation request for 112.10 acres from John and Sally Jo Herrig and
approval of an Annexation Agreement includes annexation of 0.647 acres of adjacent
county right-of-way to the centerline of Derby Grange Road.
The key points in the Herrig Annexation Agreement include:
. The City will construct a sanitary sewer to serve the Herrig property and the
developer will pay a $500 per acre connection fee as the lots are sold, with a five-
year balloon payment. The 37 acres being used for their private residence will have
a $5,000 connection charge payable when their home is connected to City sanitary
sewer.
. The City will provide an interest-free loan of $50,000 for the construction of a
sanitary sewer to serve Phase I of the development. The loan will be repaid as lots
are sold, with a balloon payment at five years.
. The City will provide an interest-free loan of $50,000 for the construction of a water
main to serve Phase I of the R-3 District. The loan will be repaid as lots are sold,
with a five-year balloon payment.
The City agrees to impose City property taxes on the property on a graduated basis
over five years.
The voluntary annexation request for 75 acres from Motor City LLC and approval of an
Annexation Agremeent includes the following key elements:
. The City will construct a lift station and force main sanitary sewer to serve the
property. The connection fee will be $500 per acre paid as lots are sold, with a five-
year balloon payment.
. Motor City will construct a graded road north to the property owned by John and
Sally Jo Herrig by July 1, 2007.
. The City will construct the force main in the graded road.
. Motor City will construct a water main in the graded road north to the Herrig's
property.
. The City agrees to impose City property taxes on the property on a graduated basis
over five years.
These arrangements are consistent with the City's budgeting of funds for these
purposes.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
5U~~E
~~~
MEMORANDUM
June 8, 2006
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
RE: Voluntary Annexation Requests of Motor City LLC / Wendell Corey, John and
Sally Jo Herrig, and Dean and Patricia Butler
INTRODUCTION
This memo transmits a request for annexation of 195.747 acres of territory on the
northwest side of Dubuque, north of Asbury Plaza Shopping Center and south of Derby
Grange Road, and including 0.647 acres of County right-of-way in Derby Grange Road.
This item is set for public hearing at the City Council's June 19, 2006 meeting.
The request includes:
~ An application from Motor City LLC (submitted by Wendell Corey) for annexation
of 75 acres of property, in conjunction with rezoning the property to PUD
Planned Unit Development with a PC Planned Commercial designation.
~ An application from John and Sally Jo Herrig for annexation of 112.10 acres of
their property south of Derby Grange Road, in conjunction with rezoning their
property to R-3 Moderate Density Multi-Family Residential, C-3 General
Commercial, and AG Agricultural. In addition, 0.647 acres of adjacent County
right-of-way to the centerline of Derby Grange Road would be annexed.
~ An application from Dean and Patricia Butler for annexation of 8 acres of their
property south of Derby Grange Road, in conjunction with rezoning their property
to R-3 Moderate Density Multi-Family Residential.
A resolution approving the voluntary annexation request and supporting documentation
required for filing with the State of Iowa is enclosed. Staff reports, application materials,
and agreements for the Motor City/Corey, Herrig, and Butler requests are enclosed.
BACKGROUND
Voluntary Annexation Request of Motor City/Corey, Herrig and Butler
Page 2 of 6
The property requested for annexation lies within the urbanized areas of the City of
Asbury and the City of Sageville, as shown on the enclosed city view map. Iowa Code
allows for these types of voluntary annexation requests be approved first by the
Dubuque City Council, and then by the State of Iowa's City Development Board.
The Motor City/Corey property meets Iowa Code requirement for 50 feet of adjacent
boundary for annexation to the City of Dubuque. The Herrig property meets Iowa Code
requirements for 50 feet of adjacent boundary for annexation to the City of Dubuque
when combined with the Motor City/Corey annexation request. It avoids the creation of
an island of unincorporated territory when combined with the Butler annexation.
State law requires that the City annex to the centerline of any adjoining County
secondary road, so 0.647 acres of adjacent public right-of-way for Derby Grange Road
is included in the Herrig annexation request.
Conformance with City Plans
The annexation territory 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 Comprehensive Plan includes goals and objectives supporting annexation
of land for residential and commercial 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, 2.3, 6.1, 6.2, 6.3, 7.2, 8.5, 10.2 and 10.6. The 2002
Proposed Land Use Map of the Comprehensive Plan designated this area for
commercial and residential development.
County Consultations
For annexation of territory within an urbanized area, State law directs that the City of
Dubuque provide written notice to and hold a consultation with the County Board and
Trustees of the Township that contains all or a portion of the territory to be voluntarily
annexed. Correspondence with the Dubuque County Board of Supervisors and Dubuque
Township Trustees is enclosed.
State law also requires consultation with the County to verify legal descriptions of the
annexation territory. Correspondence with the County Auditor is enclosed.
Proposed Rezoning
The Zoning Advisory Commission recommended approval of the PC rezoning of the
Motor City/Corey property. This rezoning is an extension of the PUD that exists on Mr.
Corey's property to the south of the annexation area. This PUD is already in the city
limits and is under development.
The Zoning Advisory Commission recommended rezoning to R-2 Two-Family
Residential zoning rather than the R-3 requested by the Herrigs. The Commission also
recommended that the C-3 District utilize the rear yard setback of 20% lot depth.
Voluntary Annexation Request of Motor City/Corey, Herrig and Butler
Page 3 of6
The Zoning Advisory Commission recommended rezoning R-2 zoning rather than the
R-3 requested by the Butlers.
The City Council's public hearings on these three rezoning requests will be held
concurrently with the public hearing on the annexation request at the City Council's
June 19, 2006 meeting.
DISCUSSION
The Herrigs and Wendell Corey, Motor City LLC, have requested City financial
assistance to facilitate future development, and pre-annexation agreements have been
prepared for and signed by both the Herrigs and Mr. Corey. The Butlers did not request
City financial assistance; however, they have signed a pre-annexation agreement
providang a waiver of rezoning fees and a five-year transition on City property taxes the
same as the Herrigs and Mr. Corey, as shown below.
The City agrees to provide for the transition for the imposition of City taxes against the
property 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 begins when the property is placed on the 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.
City staff has recommended the enclosed agreements with Motor City/Corey and with
the Herrigs based on current City policy and financial resources, subject to review and
approval by the City Council with the following additional terms and conditions.
Motor City/Corey Agreement:
~ The City will construct a lift station and force main sanitary system to serve the
property. The fee for connection of lots in the property to the force main will be
$500.00 per acre. Motor City agrees to pay the connection fee as each lot is sold
and based upon the acreage of the lot. There is a balloon payment of any remaining
balance by no later than five (5) years from the date of this Agreement based on the
total acreage of the property.
~ Motor City will construct a graded road north to the property owned by John and
Voluntary Annexation Request of Motor City/Corey, Herrig and Butler
Page 4 of 6
Sally Jo Herrig by July 1, 2007. The City will construct the force main in the graded
road. Motor City will construct a water main in the graded road north to the Herrigs'
property by August 30, 2007. The City will pay Motor City the difference between the
material cost of 8-inch and 12-inch water main for water main that the City Manager
determines is required by City for future development.
Herrig Agreement:
~ The City will construct a sanitary sewer to serve the Herrig property. The fee for
sanitary sewer connection of lots to City's sewer system will be as follows:
For the portion of the Property designated as the A-1 District on the enclosed
Exhibit A, the fee for connection to the sewer system will be $5,000.00 provided that
the A-1 District is developed and used exclusively for the Herrigs' personal
residence. The fee will be paid to the City upon connection of their personal
residence to the City's sewer system. If the A-1 District is developed for any purpose
other than for their personal residence, the Herrigs must pay the connection fee of
$500.00 per acre for any property developed for any purpose other than their
personal residence. The $500.00 per acre fee must be paid within twelve (12)
months after final plat approval for each phase for any property developed for any
purpose other than their personal residence.
b. The Herrigs must pay the $500.00 per acre connection fee for any property
designated C-3 General Commercial District on the enclosed Exhibit A. The Herrigs
agree to pay the connection fee to the City for each lot they sell at the time of the
sale of each lot and based upon the acreage of the lot. There is a balloon payment
of any remaining balance by no later than five (5) years from the date of this
Agreement based on the total acreage of the C-3 General Commercial District.
c. The Herrigs must pay the $500.00 per acre connection fee for any property
designated R-3 Moderate Density Multi-Family Residential District on the enclosed
Exhibit A. The Herrigs agree to pay the connection fee to the City for each lot they
sell at the time of the sale of each lot and based upon the acreage of the lot. There
is a balloon payment of any remaining balance by no later than five (5) years from
the date of this Agreement based on the total acreage of the R-3 Moderate Density
Multi-Family Residential District.
~ The City will provide an interest-free loan in an amount not to exceed $150,000 for
the construction of a sanitary sewer to serve Phase 1 of the R-3 District. To be
eligible for this loan, the work must be bid and contracted by City and is subject to
City bidding requirements.
a. The Herrigs must pay for by an Iowa licensed professional engineer to prepare all
plans, specifications, and construction documents for the sewer necessary for City
VOluntary Annexation Request of Motor City/Corey, Herrig and Butler
Page 5 of6
review and approval and to comply with the requirements of state law for public
improvement contracts so that the City can bid the project and award the contract
as a City project. If the cost of the selected bid exceeds the loan funds offered by
the City, the Herrigs have the option to contract separately for the improvements in
excess of the loan funds offered, or to pay the City's cost of the improvements in
excess of the loan funds prior to bid award, or to reduce the scope of the project to
match the loan funds offered by the City.
b. Upon completion of the construction of the sewer, all dwellings constructed in the
R-3 District must be connected to City's sewer.
c. The City will establish a loan repayment schedule of payments to be paid by
Herrigs at the time of the sale of each R-3 lot. Each such payment will be credited
toward the Herrigs' loan. Not later than five (5) years from the date of this
Agreement, the entire balance of the loan must be paid to the City.
d. As security for the loan by the City to the Herrigs, prior to the award of a contract
for the construction of the sewer, the Herrigs must execute a promissory note and
mortgage or other security encumbering the property.
~ The City will provide an interest-free loan to the Herrigs in an amount not to exceed
$50,000 for the construction of a water main to serve Phase 1 of the R-3 District. To
be eligible for this loan, the work must be bid and contracted by City and is subject
to City bidding requirements.
a. The Herrigs must pay for by an Iowa licensed professional engineer to prepare all
plans, specifications, and construction documents for the water main necessary for
City review and approval and to comply with the requirements of state law for public
improvement contracts so that the City can bid the project and award the contract
as a City project. If the cost of the selected bid exceeds the loan funds offered by
the City, the Herrigs have the option to contract separately for the improvements in
excess of the loan funds offered, or to pay the City's cost of the improvements in
excess of the loan funds prior to bid award, or to reduce the scope of the project to
match the loan funds offered by the City.
b. Upon completion of the construction of the water main, all dwellings constructed
in the R-3 District must be connected to the water main.
c. The City will establish a loan repayment schedule of payments to be paid by
Herrigs at the time of the sale of each R-3 lot. Each such payment will be credited
toward the Herrigs' loan. Not later than five (5) years from the date of this
Agreement, the entire balance of the loan must be paid to the City.
d. As security for the loan by the City to the Herrigs, prior to the award of a contract
Voluntary Annexation Request of Motor City/Corey, Herrig and Butler
Page 6 of 6
for the construction of the sewer, the Herrigs must execute a promissory note and
mortgage or other security encumbering the property.
e. The City will pay the difference between the material cost of a-inch and 12-inch
water main for water main that the City Manager determines in the City Manager's
sole discretion is required by the City for future development.
~ The loans provided under this agreement are being made for services to principally
residential development. Any benefit to future commercial development is incidental
only.
RECOMMENDATION
I recommend that City Council adopt the enclosed resolution approving the voluntary
annexation request of Motor City LLC I Wendell Corey, John and Sally Jo Herrig, and
Dean and Patricia Butler, and approve the pre-annexation agreements previously
signed by these parties, and then direct staff to file the required documentation with the
State of Iowa's City Development Board.
Enclosures
cc Bob Green, Water Department Manager
Gus Psihoyos, City Engineer
F:IUSERSIWPILCARSTENICOUNCIUMotor City-Herrig_Butler Annexationl Motor City Herrig Butler Annexation PSD mem.doc
Prepared by: Laura Carstens. City Planner Address: Citv Hall 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. City Clerk Address: Citv Hall- 50 W. 13m St Telephone: 589-4121
RESOLUTION NO.
- 06
RESOLUTION APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF
TERRITORY OWNED BY MOTOR CITY LLC,
JOHN W. AND SALLY JO HERRIG, AND DEAN AND PATRICIA BUTLER
Whereas, Motor City LLC, as property owner has submitted a written
application for voluntary annexation of approximately 80 acres of territory lying
outside the corporate limits of the City of Dubuque, Iowa, as shown in Exhibit A and
legally described as:
W % of the NW Yo of the NE Yo of Section 17, T89N, R2E of the 5th
P.M. in Dubuque County, Iowa (Parcel 1);
E % of the NW Yo of the NE Yo of Section 17, T89N, R2E of the 5th
P.M. in Dubuque County, Iowa (Parcel 2); and
NE Yo of the NE Yo of Section 17, T89N, R2E of the 5th P.M. in
Dubuque County, Iowa (Parcel 3); and
Whereas, John W. and Sally Jo Herrig, as property owners have submitted a
written application for voluntary annexation of approximately 112.10 acres of
territory lying outside the corporate limits of the City of Dubuque, Iowa, as shown in
Exhibit A and legally described as:
Lot 1 of Lot 2 of the SW Yo of the SW Yo of Section 8, T89N, R2E of
the 5th P.M. in Dubuque County, Iowa (parcellD # 1008451003)
Lot 1 of Butler's Hill Second Addition, T89N, R2E of the 5th P.M. in
Dubuque County, Iowa (parcellD # 1008376003);
Lot 3 of Butler's Hill Second Addition, T89N, R2E of the 5th P.M. in
Resolution No. - 06
Page 2
Dubuque County, Iowa (parcellD # 1008451004);
Lot 2 of the N Y, of the SW Y. of Section 8, T89N, R2E of the 5th P.M.
in Dubuque County, Iowa (parcellD # 1008328003); and
SW y. of the SW Y. of Section 8, T89N, R2E of the 5th P.M. in
Dubuque County, Iowa (parcellD # 1008351001); and
Whereas, Dean and Patricia Butler, as property owners have submitted a
written application for voluntary annexation of approximately 8 acres of territory lying
outside the corporate limits of the City of Dubuque, Iowa, as shown in Exhibit A and
legally described as: Lot 2 Butler's Hill 2nd Addition, Section 8, T89N, R2E of 5th
P.M., in Dubuque County, Iowa; and
Whereas, the annexation territory is not subject to an existing annexation
moratorium; and
and
Whereas, the annexation territory does not include any state or railroad property;
Whereas, the annexation territory includes 0.647 acres of adjacent County road
right-of-way to the centerline of Derby Grange Road; 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
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 Precinct Six (6)
of Ward Two (2) of the City of Dubuque, Iowa.
Resolution No. - 06
Page 3
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
F:lUSERS/LCARSTENIWP/COUNCIUMotor City Herrig Butler Annexation/Motor City Herrig Butler annexation res.doc