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Home My WebLink About2022-03-21 I01D Annexation - NW 10th and Douglas Revised Resolution AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: March 21, 2022 AGENDA ITEM: Consideration of approval of a resolution combining Resolutions #2022-073 and 2022-074 concerning voluntary annexation at the direction of the Iowa Economic Development Authority [William Fox Farm Company; Waukee Community School District; Fox Creek Meadows, LLC; Shoeman Family Trust] FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The City Council held a public hearing on March 7, 2022 on the annexation of certain property located north of Douglas Parkway and west of NW 10th Street. Following the public hearing, the City Council took action on two separate resolutions related to the annexation. One resolution included provisions for tax transitioning while the other did not. The City Development Board has corresponded with staff indicating that if one property receives tax transitioning as a part of a larger annexation request then all properties are required to receive tax transitioning. The proposed resolution combines the prior to two annexation resolutions approved and provides for tax transitioning for all property included within the proposed annexation. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Staff would recommend approval of the resolution. ATTACHMENTS: I. Proposed Resolution PREPARED BY: Brad Deets, Assistant City Administrator REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1D THE CITY OF WAUKEE, IOWA RESOLUTION 2022- RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF PROPERTY – WILLIAM FOX FARM PROPERTY, WAUKEE COMMUNITY SCHOOL DISTRICT, FOX CREEK MEADOWS, LLC, JOHN CHARLES AND BARBARA JEAN SHOEMAN FAMILY TRUST WHEREAS, the City of Waukee, State of Iowa, is a duly organized municipal corporation, and; WHEREAS, the City of Waukee, Iowa has received consent to an Application for Voluntary Annexation for property owned by John Charles and Barbara Jean Shoeman Family Trust, which is located west of NW 10th Street and one mile north of West Hickman Road (Highway 6) within Dallas County, Iowa, and shown on the map identified as Exhibit “A” attached hereto and made a part hereof and legally described as follows: LEGAL DESCRIPTION See Exhibit “B” attached hereto and made a part hereof. WHEREAS, such property collectively adjoins the City as required by Chapter 368, Code of Iowa, 2022, and; WHEREAS, all required notification has been carried out pursuant to Chapter 368, code of Iowa, 2022, and; WHEREAS, a public hearing was held concerning said applications and the annexation on March 7, 2022 as required by law. WHEREAS, following the public hearing, the City Council approved two separate resolutions in favor of annexation (Resolution 2022-073 and Resolution 2022-074), and; WHEREAS, it has been determined that Resolution 2022-073 included a scrivener’s error in that it did not include consideration for tax transitioning as is required for all property that is subject to the same annexation. BE IT THEREFORE RESOLVED, by the City Council of the City of Waukee as follows: SECTION 1. The Application for Voluntary Annexation is hereby approved and said property described in Exhibit “B” shall be annexed to the City of Waukee Iowa, in accordance with Chapter 368, code of Iowa, 2020, and such property shall hereinafter become and be part of the City of Waukee, Iowa. SECTION 2. Tax transitioning of City taxes is hereby approved for property within the annexation area, as authorized by Iowa Law, in the following percentages: (a) In the first and second year following annexation of the Subject Property, the Subject Property is taxed by City - 75% tax transitioning (b) Third and Fourth year – 60% tax transitioning (c) Fifth and Sixth year – 45% tax transitioning, (d) Seventh and Eighth year - 30% tax transitioning (e) Ninth and Tenth year – 15% tax transitioning. Tax transitioning shall only be authorized for each specific property annexed hereunder until such property is rezoned from A-1 zoning to another City zoning classification. SECTION 3. The Mayor and the City Clerk are hereby authorized and directed to prepare and execute all documents necessary for this annexation and are directed to file the same as required by the Code of Iowa. Passed and adopted by the City Council on the 21st day of March 2022. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair EXHIBIT A MAP OF ANNEXATION AREA EXHIBIT B LEGAL DESCRIPTION OF ANNEXATION AREA The North half (1/2) of the Southwest Quarter of Section 20, Township 79 North, Range 26 West of the 5th P.M. and including the adjoining east half of T Avenue right of way (Parcel No. 1220300001, 1220300002); and, The Southwest quarter of the Southwest Quarter of Section 20, Township 79 North, Range 26 West of the 5th P.M. which includes the adjoining east half of T Avenue right of way and the former railroad right of way (now being used for the Raccoon River Valley Trail); except Parcel 20-21 as recorded in the Plat of Survey recorded in Book 2020 Page 10061, Dallas County, Iowa (Parcel No. 1220300011, 1220300006, 1220300012); and, The North half (1/2) of the Southeast Quarter (1/4) of Section 20, Township 79 North, Range 26 West of the 5th P.M. and including the adjoining west half of U Avenue right of way (Parcel No. 1220400001, 1220400002); and, The Southeast quarter (1/4) of the Southeast quarter (1/4) of Section 20, Township 79 North, Range 26 West of the 5th P.M. Dallas County Iowa and including the adjoining west half of U Avenue right of way (Parcel # 1220400005, 1220400006, 1220400007).