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Home My WebLink About2023-07-17 D02 Waukee Commons_Stanzyk_Annexation AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: July 17, 2023 AGENDA ITEM: Consideration of approval of a resolution approving the annexation of consenting properties by the City of Waukee, Iowa [Waukee Commons. LC / Barbara Stanzyk] FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The City Council held a public hearing on July 10, 2023 on the annexation of certain property located south of 300th Street and east of T Avenue owned by consenting and non-consenting property owners. Since the public hearing was held, the non-consenting property owner, Barbara Stanzyk, has applied for voluntary annexation into the City of Waukee. The proposed resolution reflects the change from an annexation of consenting and non-consenting property owners to an annexation of consenting property owners. 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: Andy Kass, Community Development Director REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: D2 THE CITY OF WAUKEE, IOWA RESOLUTION 2023- RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF PROPERTY – WAUKEE COMMONS, LC & BARBARA S. STANZYK WHEREAS, the City of Waukee, State of Iowa, is a duly organized municipal corporation, and; WHEREAS, the City of Waukee, Iowa has received consent an Application for Voluntary Annexation for property owned by Waukee Commons, LC and Barbara S. Stanzyk, which is located east of T Avenue and approximately one mile south of 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, 2023, and; WHEREAS, all required notification has been carried out pursuant to Chapter 368, code of Iowa, 2023, and; WHEREAS, a public hearing was held concerning annexation of consenting and non-consenting properties on July 10, 2023, as required by law. WHEREAS, following the public hearing, the City Council approved a resolution in favor of annexation of consenting and non-consenting properties (Resolution 2023-288) and; WHEREAS, the non-consenting property owner, Barbara Stanzyk, subsequently filed an application for voluntary annexation; WHEREAS, it is in the best interests of the City and public that said property be annexed to the City of Waukee, at this time; and WHEREAS, this resolution shall replace Resolution 2023-288 as approved by the Waukee City Council on July 10, 2023. BE IT THEREFORE RESOLVED, by the City Council of the City of Waukee as follows: SECTION 1. The Applications for Voluntary Annexation are 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, 2023, 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 17th day of July 2023. ____________________________ 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 Waukee Commons, LC Property (Consenting) Parcel # 1501100001 and Parcel # 1501100009 GOVERNMENT LOTS THREE (3) AND FOUR (4) OF SECTION ONE (1), TOWNSHIP SEVENTY-EIGHT (78) NORTH, RANGE TWENTY-SEVEN (27) WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA EXCEPTING THEREFROM A PARCEL OF LAND LYING IN GOVERNMENT LOT 3 IN SECTION 1, TOWNSHIP 78 NORTH, RANGE 27 WEST OF THE 5TH PRINCIPAL MERIDIAN, DALLAS COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 78 NORTH RANGE 27 WEST OF THE 5TH PRINCIPAL MERIDIAN, THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 1, 2142.9 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE OF SECTION 1, 155.57 FEET; THENCE SOUTH AT 90 DEGREES, 280.0 FEET; THENCE WEST AT 90 DEGREES, 155.57 FEET; THENCE NORTH AT 90 DEGREES, 280.0 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINING 1.00 ACRES OF LAND WITH 0.12 ACRES BEING ROADWAY. ALL OF THE ABOVE DESCRIBED PROPERTY CONTAINS 74.86 ACRES MORE OR LESS Stanzyk Property (Consenting) Parcel # 1501100008 A PARCEL OF LAND LYING IN GOVERNMENT LOT 3 IN SECTION 1, TOWNSHIP 78 NORTH, RANGE 27 WEST OF THE 5TH PRINCIPAL MERIDIAN, DALLAS COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 78 NORTH RANGE 27 WEST OF THE 5TH PRINCIPAL MERIDIAN, THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 1, 2142.9 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE OF SECTION 1, 155.57 FEET; THENCE SOUTH AT 90 DEGREES, 280.0 FEET; THENCE WEST AT 90 DEGREES, 155.57 FEET; THENCE NORTH AT 90 DEGREES, 280.0 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINING 1.00 ACRES OF LAND WITH .12 ACRES BEING ROADWAY.