Loading...
HomeMy WebLinkAbout2017-06-19-H01 Annexation Public Hearing_Ruan AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 19, 2017 AGENDA ITEM: Public Hearing on the annexation of consenting property by the City of Waukee, Iowa, with consideration of the annexation taking place immediately thereafter (Ruan Annexation). FORMAT: Public Hearing SYNOPSIS INCLUDING PRO & CON: Ruan Incorporated has submitted a voluntary annexation petition of approximately 1,008 acres of property that is located south of Interstate 80 and west of R-22/Ute Avenue. The City Council had previously taken action on a pre-annexation agreement with Ruan Incorporated at their meeting on May 8, 2017. The proposed annexation is the natural outgrowth of years of City planning, investment and its expansion of the City’s infrastructure and service capabilities. The City has previously extended gas service to the north property line of the area proposed within the annexation. Provisions for future sanitary sewer and water utiliti es have been identified within the pre-annexation agreement. The proposed annexation is considered within an urbanized area as it is within two miles of the City of West Des Moines however, it is not subject to a curren t moratorium agreement with either West Des Moines or Van Meter. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff would recommend holding the public hearing. RECOMMENDATION: Hold the public hearing ATTACHMENTS: I. Map identifying the proposed annexation area II. Voluntary Petition including legal description and map III. Pre-annexation Agreement PREPARED BY: Brad Deets, Development Services Director REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: Dallas County News DATE OF PUBLICATION: 6/1/17 Legal Description: THE WEST ½ OF THE NORTHWEST ¼ AND THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24, IN TOWNSHIP 78 NORTH, RANGE 27 WEST EXCEPT THAT PART THEREOF LYING NORTH OF THE PUBLIC HIGHWAY AND CONTAINING TWO (2) ACRES, MORE OR LESS (PARCEL #15-24-100-001, 15-24-100-003 AND 15-24-100-004); AND, THE SOUTHWEST ¼ OF SECTION 24 IN TOWNSHIP 78 NORTH, RANGE 27 WEST (PARCEL #15-24-300-001, 15-24-300-003, 15-24-300-002 AND 15-24-300-004); AND, THE SOUTH ½ OF THE SOUTHEAST ¼ OF SECTION 24, IN TOWNSHIP 78 NORTH, RANGE 27 WEST (PARCEL #15-24-400-003 AND 15-24-400-004); AND, THE WEST ½ OF THE NORTHEAST ¼ OF SECTION 24, IN TOWNSHIP 78 NORTH, RANGE 27 WEST AND THE NORTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 24, IN TOWNSHIP 78 NORTH, RANGE 27 WEST AND COMMENCING AT THE NORTHWEST CORNER OF THE EAST ½ OF THE NORTHEAST ¼ OF SECTION 24, THENCE SOUTH 240 RODS TO THE SOUTHWEST CORNER OF THE NORTHEAST ¼ OF THE SOUTHEAST ¼ OF SECTION 24, THENCE NORTHEASTERLY TO A POINT WHICH IS 79 FEET EAST OF THE POINT OF BEGINNING, THENCE WEST TO THE POINT OF BEGINNING; ALL IN TOWNSHIP 78 NORTH, RANGE 27 WEST (PARCEL #15-24-200-001, 15-24-200-003 AND 15-24-400-001); AND, THE EAST ½ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ AND THE EAST ½ OF THE NORTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 23, IN TOWNSHIP 78 NORTH, RANGE 27 WEST AND THE SOUTHEAST ¼ OF THE NORTHEAST ¼ AND THE NORTHEAST ¼ OF THE SOUTHEAST ¼ ALL IN SECTION 23, IN TOWNSHIP 78 NORTH, RANGE 27 WEST (PARCEL #15-23-200-003, 15-23-200-006 AND 15-23-400-001); AND, THE SOUTH ½ OF THE SOUTHEAST ¼ OF SECTION 13, IN TOWNSHIP 78 NORTH, RANGE 27 WEST (PARCEL #15-13-400-003 AND 15-13-400-004); AND, THE NORTH ½ OF THE NORTHWEST ¼ AND THE NORTHWEST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 25, IN SECTION 25, IN TOWNSHIP 78 NORTH, RANGE 27 WEST (PARCEL #15-25-100-001, 15-25-100-002 AND 15-25-100-004); AND, THE SOUTHEAST FRACTIONAL ¼ AND THE SOUTHWEST ¼ OF THE NORTHEAST FRACTIONAL 1/4 IN SECTION 19, TOWNSHIP 78NORTH, RANGE 26 WEST (PARCEL #16-19-200-003, 16-19-400-001, 16-19-400-003, 16-19-400-002 AND 16-19-400-004). CONTAINING 1,008.5 ACRES MORE OR LESS. lllllllllllllIllllllllllllltIIIIIIIIIIIIIIIIIIIlIIIIIIIIIIIIIIIIIIIIII Doc 1D:007114040014 Type:RESORecorded:05/15/2017 at 06:15:36 AttFeeAmt:$67.00 Page 1 of 14DallasCountyIowa Chad C.Airhart RECORDERFilest ax20i 7 F68798 Pre arer Information:Bradly M.Deets,City of Waukee,230 W.Hickman Rd.,Waukee,IA 50263;978-7899reparernorm—+ill/Return Document to:Rebecca D.Schuett,City of Waukee,230 W.Htckman Rd.,Waukee,IA 50263;978-7904 THE CITY OF WAUKEE,IOWA RESOLUTION 17- APPROVING PRKANNEXATION AGREEMENT DATED MAY 1,2017 IN THE NAME AND BY THE A UTHOTflTY OF THE CITY OF WA UEEE,IOII/A WHEREAS,the City of Waukee,Dallas County,State of iowa,is a duly organized Municipal Organization;AND, WHEREAS,Ruan,Inc.,submitted a preannexation agreement and application for voluntary annexation seeking Council approval of the annexation agreement and the Voluntary Annexation of their property to the City;AND, WHEREAS,the City Council having considered the preannexation agreement with Ruan,inc.,finds that the same should be approved subject to the conipletion of the annexation of the property that is the subject of said agreement. BE IT THEREFORE RESOLVED that the preannexation agreement submitted for consideration by the City Council of the City of Waukee and executed by the property owner Ruan,inc.,should be and the same is hereby approved subject to completion of the annexation of the property that is the subject of said agreement as contemplated therein. Passed by the City Council of the City of Waukee,low and ap r ed th 8"day of May,2017. I I .card,yor Attest; Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYE X X X X X NAY ABSENT ABSTAIN PIREANNEXATION A('REEMENT Tl-IIS PRI'.ANNL'XATION AOREEMENT ("Agreement")is made and entered into by and bctwccn Ruan Incorporated (the "Owner"),and the City of Waukcc.Iowa (thc "City"l. Wl'I'NESSETI-I: Wl II'.RI'.AS.the Owner is the legal titleholder of cettain real estate in unincorporated Dallas County,Iowa,legally described on Exhibit "A"attached hereto and incorporated by this reference herein.A map is attached depicting thc land area and its relationship to the existing City limits for rel'ercnce purposes as exhibit "13".Said real estate is hereinafter referred to as the "Subject Property." WHEREAS,the Owner is desirous of having certain utilities of the City extended to its property as specifically provided for in this agreement. WI-IISREAS,thc Ruan Cotporation was started through the entrepreneurial spirit ol'its I'oundcr .Iohn 14&an in the Ol'eat Depression,when he was faced v'ith the need of providing for his lamily.John Ruan's personable reputation and rock solid work ethic led to success of the company and its expansion into a multitude of'other markets making it onc of the largest employers in Iowa. Wl IERI (AS.thc State of Iowa and its communities,including the City,have been positively impacted by the clTorts and successes of John Ruan and his companies. WHI'.Rl'.AS.John Ruan benefitted through his I'ormative years through his growing up as a Iowan living off the land developing a strong work ethic and a true appreciation for the bounty and beauty of'the land. Wl IERI;AS,property Owner envisions the Subject Property will be preserved as a working ranch until sold. WHI'-:REAS,the City has a rich history from its incorporation wi1h strong social and economic roots in farming,ranching and mining that it has strived to remember as the community has grown and developed.Property Owner believes that the Subject Propert,its history,and 1he Owner's vision require that the property be annexed to the City.It is property Owner's desirc and intent that thc property be annexed to the City. WIII!RI.:AS,property Owner and the city agrees that the Subject I'roperty should bc preserved as a working ranch and a place of gathering for those so invited to enjoy its environs undisturbed and unrcstraincd (rom that which has been enjoyed in the past and that such cnjoymcnt shall be maintained until sold or until such future time as the owner desires change.not to exceed 30 years I'rom execution ol'this agrccmcnt. WHI!RI:AS the property Owner has maintained a close connection to Dallas Countv and whereas thc city of Waukee is in Dallas county,both parties realize that the voluntary annexation ol Owners property is tlte natural outg&rowth of such commonality and further that thc Subject Propcry is a contiguous unit to property owned by Owner that was previously voluntarily annexed to thc City ol Waukee by Owner and it is desired that the Subject Property be amtexcd so as to allovv Owners contiguous property to be located in the City of Waukee.Dallas County. WHF RFAS,the Owner desires to have the Subject Property voluntarily anncxcd to the City of Waukee,subject to certain conditions as hereinafter provided. NOW.'I'I-IFRI I'ORI..',I'I'IS AGICFHD I3Y 'I'I IL'PARTIHS AS FOI.I.OWS: I,As the Subject Properties are annexed to the City„they will be brought into the City under the A-I zoning.which allows the present uses of'the Subject Property.'I'he parties agree that the land is protected farmland under 368.26 Code of Iowa (2009). 2.'I'he City shall conduct future City planning relative to the Subject Property so as to designate thc property for agricultural or open space uses until thc property is sold or transl'erred or I'or a period ol'thirty years I'rom execution of this agreement,whichever comes lirst.'I'he City shall not undertake a City initiated rezoning until the property is sold or for a period of thirty years I'rom execution of this ag&rccmcnt.whichcvcr shall lirst occ ill'. 3.Upon the completion of'the anncxations of thc Subject Property,and until the Present Owner sells property.or for a period of thirty years from execution ol'this agrecmcnt„ whichever shall first occur.municipal Street and Road planning shall contemplate not physically locating streets or roadways across the property unless requested,or consented to,by the present Owner.In addition during said period.in connection with State and I'ederal Hig&hway,Street and Road projects that are undertaken by other governmental entities that are proposed to be located on the Subject Property,throughout the planning process in connection with any such projects,the City will advocate against the physical construction of such projects on the Subject Property,unless informed by Owner of its desire to have such projects located upon the Subject Property or those that involve any portion of the Subject Property is no longer owned by the present Owner. 4.Upon the completion of the amtexation of the Subject Property and until the property is sold by the present owner,or for a period of thirty years I'rom execution of'this agrccment,whichever shall lirst occur,Owner will not be required by the City to connect to municipal utilities until the Owner formally request service from the City. Upon any such connection to any such municipal utilities,the Owner shall be responsible for all costs associated with connecting to the municipal utilities including,but not limited to,any connection fees established. 5.Property Owner does understand that in order to provide sewer services to the Subject Property and property surrounding thc Subject Property as the surrounding&properties dcvclop.provided such propeities are v ithin the City Limits of Waukee.there may be I'tNAt.0330I7 a need to install sewer lines across the Subject Property.A preliminary map attaclted hereto as exhibit "C"has been prepared to illustrate possible future gravity sewer installations that may be required to serve surrounding property.Property Owner will cooperate v ith such installations and provide necessary easements to allow Ior their installation when and if the City requests them to serve property within the Waukec City I.imits.Any such request by the City will be determined by the City so as io utilize the least disruptive route for any such installations so as to preserve as much of the character ol thc Subject Property. 6.As the properties arc annexed into thc City,Owner will be entitled to tax transitioning as authorized under thc Code of Iowa to assist in making thc transition from Dal)as Countv to the City of Waukee.The tax transitioning progresses as follows: (a)In the first year the Subject Property is taxed by City —75'/o tax transitioning& (b)Second year —75'/o tax transiiioning (c)Third year —60'/o tax transitioning (d)I'ourth year —60'/o tax transitioning (e)Fifth year —45%tax transitioning (I)Sixth year —45%tax transitioning& (g&)Seventh year —30/»tax transitioning (h)Igighth year-30%tax transitioning (i)Ninth year —15'/o tax transitioning (j)'I'ellill ycal'—15/o iax transitioning 7.Owner executes and submits an application I'or voluntaiy annexation of thc Subject Property.The City agrees to proceed with thc application attached as Fxhibit "D"within four (4)months of the approval and execution by all parties of this agreemeni. In thc event that a portion of ihe subject property is sold,the property so sold shall no longer be the subject of the provisions in paragraphs 2.3,and 4 of this agreement. g.The City.after completion of the annexation of the property,will proceed to secure rights to provide water to the residence located on the Subject Property.'I'he water scrvicc for the existing residence on the Subject Property will be billed at established Waukce rates, as may be changed from time to time,within 6 months following the annexation of the property to the City.Initially,water is anticipated to continue to be provided throug&h the facilities currently serving the Property.Notwithstanding the foreg&oing,the City will undertake to assure an adequately sized City Water Main,I'or fire.commercial and residential water scrvicc will be extended across Interstate g0 no later than 3 years following annexation of the Subject Property and extended along R-22 as dcvelopmcnt occurs within the City south of thc Interstate,however,devclopmcnt patterns south of the interstate are not yet known and may lead to water main extensions occur ing&along&other existing.or future.rights of v'ay south of the interstatc and in close proximit)to the Subject Property.After the initial 3years I'ollowing annexation ol the Property,the Cit) will within 24 months ol the I'roperty.or a portion thereol;being&rezoned to I&iNAi.0330i7 accommodate specilic development.undertake to assure an adequately sized City Main. for lire.commercial and residential water service to a point within the R-22 right of way to the center of'the ol thc Property's eastern boundary along R-22. The Owner requests and the City agrees to extend a City gas line within I year Iol lowing the annexation of the Subject Property to the existing driveway at its intersection with R- 22 serving the residence of the subject property so as to allow propert Owner.at its option,to connect to thc City gas utility when it desires. The property Owner agrees that the applications for voluntary annexation are made pursuant to this agreement to extend municipal services and may not be withdrawn. Further,Property Owner understands that the law provides I'or a right to withdraw the applications for voluntary annexation and property Owner specifically waives said right. 'I'his Agreemcnt shall be binding on and shall inure to the benefit of all successors,assigns and grantees of the City and Owner. IN Wl'I'NESS WI-IEREOF,this Agreement is made and executed this "day ol'A(,2017. RUAN INCORPORA1 ED Printed Name:~I'//N /@W~M I itle:CAW'~cw a 6 c~o CITY OF WAUKEE .IOW I / / By: lia I'.ear,May r Attest: Rebecca D.Schuctt,City Icrk I'IN/tL 033017 STATE OF IOWA,COUNTY OF Po 1 K c t. On this 1 day of ,2017,before me,the undersigned,a Notary Public in and for the State of Iowa,personally eared oem &FI 1ZL,to me personally known, whobeingbyrnedulyswom,didsaythatthepersonisthe ~d.o +ofRuanincorporated,an Iowa corporation,and that the instrument was signed on behalf of said company by authority of its Board of Directors;and that said person acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the company and by it voluntarily executed. No blic in and for the State of Iowa My Commission expires I'—I C-4 Oxs J.L.GILLUM COMMISSION NO.2287 MY COMMISSION EXPIRESj—j+—~n ~v FINAL 033017 S I'ATF.OF IOWA,COUN'I Y OF DALLAS On this +day of,2017,before me,the undersigned,a Notary Public in and for said County and State,person ly appeared William I .Peard and Rcbccca D.Schuctt,to mc personally known,and who,being by me duly sworn,did say that they are the Mayor and City Clerk. respcctivcly,of the City of Waukee,Iowa.that the seal af'fixed to thc foregoing instrument is thc corporate seal of the corporation,and that the instrument was signed and scaled on behalf ol'the corporation,by authority of its City Council..'''assed by the City Council under Roll Call No l7r53iof thc City Council on the ~in day of~,2017. and that William I-'.I'card and Rebecca D.Schuett acknowledged the execution o'f the instrument to bc their voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed. KATHFIYN E.PURVIS'F Commieelon Number 794513 My Commission Explree February 10,2019 N ary I'ub c in and for the State of Iowa My Commission expires g y~~c„ trINAL 0330I7 EXHIBIT A Legal Description 'I'he West Y&of the Northwest Y»and the Southeast '/»of the Northwest '/»of Section 24.in 'I'ov&nship 78 North,Rang&e 27 West except that part thcreol'lying&north ol'thc public highway and containing tv,o (2)acres,more or less (Parcel ¹15-24-100-001.15-24-100-003 and 15-24- 100-004);and. 'I hc Southwest '/»ol'Section 24 in Tov'nship 78 North.Range 27 West (I'arcel ¹15-24-300-001. !5-24-.3&00-003.15-24-300-002 and 15-24-300-004);and, 'I'he South Y&of the Southeast '/»of Section 24,in Township 78 North,Range 27 West (Parcel ¹1 5-24-400-003 and 15-24-400-004);and, 'I he West Y2 of the Northeast '/»ol'Section 24,in 1'ownship 78 North,Range 27 West and the Northwest '/»of the Southeast '/»of Section 24,in 'I'ownship 78 North,Range 27 West and commencing&at the Northwest corner ol'the liast Yz ol the Northeast '/»ol Section 24.thence South 240 rods to the Southwest corner of the Northeast '/»of thc Southeast '/»ol'Section 24. thence Northeasterly to a point which is 79 feet I ast of the point of'beginning.thence West to the point ol beginning;all in 'I'ownship 78 North,Range 27 West (Parcel ¹15-24-200-001,15-24- 200-003 and 15-24-400-001');and, 1 he East '/&of the Southwest '/»of the Northeast '/»and the I..ast Yz of the Northwest Y»of the Southeast Y»ol Section 23.in 1'ownship 78 North,Range 27 West and the Southeast '/»of the Northeast Y»and the Northeast '/»of the Southeast '/»all in Section 23,in Township 78 North, Range 27 West (Parcel ¹15-23-200-003,15-23-200-006 and 15-23-400-001)„and, 'I'he South Yz of the Southeast '/»of Section 13,in Township 78 North,Range 27 West (Parcel ¹15-13-400-003 and 15-13-400-004);and. 'I'he North Y&of thc Northwest '/»and the Northwest '/»of the Southeast Y»of the Northwest '/»of Section 25.in Section 25,in 'I'ownship 78 Notrth,Range 27 West (I'arcel ¹15-25-100-001,15-25- 100-002 and 15-25-100-004);and. 'I'hc Southeast I'ractional '/»and the Southwest '/»of the Northeast I ractional I/4 in Section 19. 'I'ownship 78North.Rang&e 26 West (I'arccl ¹16-19-200-003.16-19-400-001.16-19-400-00 &.16- 19-400-002 and 16-19-400-004). Containing 1.008.5 acres more or less. t'trthl.033017 EXHIBIT B MAI'IiKPICTING THF.SUBJECT PROPKR1'Y AND ITS RF LA1'IONSHIP TO TIH: CITY AT THIS TIMK Legend I ',yaukek eny .i mes nUkn PkOpefly I-IN AL 0330 )7 EXHIBIT C Gl'.NKRAI,Sl'.Wl'.R MAP I)EPICITNG POSSIBLE VUTURK SEWER ACROSS SUBJECT PROPERTY I'I VA1.0330 I 7 EXH 1131T D VOLUNTARY ANNEXATION APPLICATION AND ATTACHMEN1'S APPLICATION I OR VOLUNTARY ANNFXATION City of Waukee,Iowa 1'hc undcrsig&ned property owner(s)hereby request that their property locally knov n as and legally described in I:xhibit A attached hereto and by this reference incorporated herein,as further depicted on the map attached hereto as exhibit 13 be annexed to the City of Waukce,Iowa and consent to the same. I/we understand that Iowa law allows property owner(s)to withdrav our consent to thc voluntary annexation of this property within three business days aller the public hearing on this application in the manner set forth in Section 36g.7 and I/we hereby v 'aivc my/our right to v ithdraw consent to thc annexation of this property as provided in section 368.7(1)(c). I'ropcrty Owner(s)IKuan Incorporated Printed Name: 'I'itl c: l)ate S'I'Al'I='OF IOWA,COUNTY OF On this day of ,2017,before me,the undcrsigncd.a Notary Public in and for the State of Iowa,personally appeared .to me personally known, who being&by mc duly sworn.did say that the person is the of Ruan Incorporated.an Iowa cot3toration.and that tltc instrument was signed on behalf of said company by authority ol its 13oard ol Directors;and that said person acknowledged the execution of the I'oreg&oing instrument to bc thc voluntary act and deed of thc company and by it voluntarily executed. Notary Public in and for the State of Iov;a My Commission expires Attachments:Fxhibit A:I.egal description of the property I'.xhibit B:Map showing location of the property within thc proposed annexation arcs I&1NAI.033&OI 7 RXHIBlT A:l.egal description of the property 'I'he West '/of thc Northwest '/»and thc Southeast Y»of thc Not1hwcst Y»ol'Section 24.in Township 78 North.Rang&e 27 West except that part thereof lying north of thc public highway and containing two (2)acres,morc or less (Parcel //15-24-100-001.15-24-100-003 and 15-24- 100-004);and. 'I he Southwest Y»ol'Section 24 in 'I'ownship 78 North,Range 27 West (I'arccl //15-24-300-001. 15-24-3DD-003.15-24-300-002 and 15-24-300-004);and, The South Y&of the Southeast '/»of Section 24,in Township 78 North.Range 27 West (I'arccl ¹15-24-400-003 and 15-24-400-004);and. The West Yz of the Northeast Y»of Section 24,in Township 78 North.Range 27 West and the Northwest '/»of the Southeast '/»of Section 24,in Township 78 North,Range 27 West and commencing at1he Northwest corner of the I".;ast Y&of the Northeast '/»of Section 24,thence South 240 rods to the Southwest corner of the Northeast '/»of the Southeast Y»of Section 24, thence Northeasterly to a point which is 79 feet I".ast of thc point of bcg&inning,thence West to the point of beginning;all in Township 78 North.Range 27 West (Parcel //15-24-200-001.15-24- 200-003 and 15-24-400-001);and, 'I'he l=ast '/of the Southwest '/»of the Northeast '/»and the Fast Yz of the Northwest '/.ol thc Southeast Y»of Section 23,in I'ownship 78 North,Range 27 West and the Southeast '/»of the Northeast '/»and the Northeast '/»of the Southeast '/»all in Section 23.in 'I'ownship 78 North. Range 27 West (Parcel ¹15-23-200-003,15-23-200-006 and 15-23-400-001);and, 'I'he South Yz of the Southeast '/»of Section 13,in 'I'ownship 78 North.Range 27 West (Parcel //15-13-400-003 and 15-13-400-004);and„ The Notch '/of the Northwest '/»and the Northwest '/»of thc Southeast Y»of the Northwest '/»of Section 25,in Section 25,in Township 78 North.Range 27 West (Parcel ¹15-25-100-001.15-25- 100-002 and 15-25-100-004);and, I he Southeast I"ractional '/»and thc Southwest '/»ot the Northeast Fractional I/4 in Section 19. 'I'ownship 78North,Range 26 West (Patxccl //16-19-200-003,16-19-400-001.16-19-400-003.16- 19-400-002 and 16-19-400-004). C'ontaining 1,008.5 acres more or less. I'INAI.0 &3017 IsXHIBIT 8:Map showing location of the property within the proposed annexation arcs Legend i u/auiee Cui im)le Ruau Prepeu) I)II)IAI.03.)017