Annexation Henschel's, Tom & Sheri
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MEMORANDUM
May 31,2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Voluntary Annexation Request of Thomas and Sheri Henschel
Planning Services Manager Laura Carstens is recommending approval of the voluntary
annexation of Thomas and Sheri Henschel for 39.08 acres.
The annexation is contingent on approval of zoning satisfactory to the owner and
approval of the Annexation Agreement.
I respectfully recommend Mayor and City Council approval of the voluntary annexation
and the Annexation Agreement.
N~~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
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MEMORANDUM
May 31, 2006
FROM:
Michael Van Milligen, City Manager
Laura Carstens, Planning Services Manager ~
TO:
RE:
Voluntary Annexation Request of Thomas and Sheri Henschel
Introduction
This memo transmits a resolution approving the request from Thomas and Sheri
Henschel for voluntary annexation of 39.08 acres of their property west of Miller Road
and south of Catfish Creek, in conjunction with rezoning 12.33 acres of their property to
R-2 Two-Family Residential. A staff report, development annexation agreement, maps,
and application materials concerning the Henschels' request are enclosed. This item is
set for public hearing at the City Council's June 5, 2006 meeting.
Background
The property requested for annexation lies outside the urbanized area of any other city.
Iowa Code allows for these types of voluntary annexation requests be approved first by
the City Council, and then by the Secretary of State. The property meets Iowa Code
requirements for 50 feet of adjacent boundary for annexation to the City of Dubuque.
The Comprehensive Plan includes goals and objectives supporting annexation of land
for residential development that is readily served by City infrastructure and utilities.
This request is consistent with the Comprehensive Plan's Land Use Element: Goals
1.2, 1.5, 10.2, 10.3, 10.4 and 10.6. The 2002 Proposed Land Use Map of the
Comprehensive Plan designated this area for residential development. The property is
included in the City's 1996-1997 Annexation Study as a preferred area for annexation
due to its proximity to the City limits, infrastructure and utilities. The preferred alignment
of Iowa 32 (Southwest Arterial) lies approximately 3,500 feet to the south of the
property.
On April 5, 2006, the Zoning Advisory Commission recommended approval of the R-2
rezoning. The City Council's public hearing on the rezoning request will be held
concurrently with the public hearing on the annexation.
Voluntary Annexation Request of Thomas and Sheri Henschel
Page 2 of 3
Discussion
The applicant has requested City financial assistance to facilitate future residential
development. A development annexation agreement for City assistance has been
negotiated, and the recommended agreement is enclosed for City Council
consideration at the public hearing.
City staff has recommended the enclosed agreement based on current City policy and
financial resources, subject to review and approval by the City Council. The terms of the
agreement include the following conditions:
>> Parcel B can be rezoned to R-2 concurrent with the annexation, and the property
can be subdivided in accordance with the City's Subdivision Regulations. The
City recognizes the Developers' need for street right-of-way access and utility
extensions to the property line of Parcel B in accordance with City policies,
regulations, and standards, which shall be coordinated in a joint effort through
the City Manager and City staff within an established utility easement and/or
street right-of-way, subject to the constraints posed by topography, flood plain
and layout of NCR Subdivision and development of the Property. The costs of
street right-of-way access and utility extensions to the Property shall be the
Henschels' responsibility.
>> Parcel C can be split by a Plat of Survey for development of a second residential
unit in accordance with the City of Dubuque's Zoning Ordinance and Subdivision
Regulations. The second residential unit may share the use of the existing driveway
on Parcel C. Also, the existing farmhouse can be demolished and a new farmhouse
can be constructed in accordance with applicable City building and zoning
regulations. The new residential unit may use the existing driveway on Parcel C.
The City of Dubuque Zoning Ordinance and Subdivision Ordinance do not require
vacating public right-of-way or improving to City Standards, the gravel portion of
Miller Road that serves Parcel C when this parcel is split or when the new
residence is constructed.
>> The existing farmhouse on Parcel C is within 200 feet of the City's sanitary sewer,
and under City Code would be required to be connected to the sanitary sewer.
This residence would be added to the current City sanitary sewer connection plan in
2008. The connection to sanitary sewer would need to be completed by one year
after the notification was sent in 2008. However, the City Manager has the authority
to exempt the Henschels from the requirement of connection to the sanitary sewer
which is within 200 feet of the Developers' property if the City Manager determines
that such connection would be impracticable or exact an undue hardship because
of the conditions pertaining to the property in question.
Voluntary Annexation Request of Thomas and Sheri Henschel
Page 3 of 3
}> Connection to City water for existing and future dwellings on Parcel C is not
mandatory. The existing farmhouse can remain on well water. If Parcel C is split
and a second residence is built, or if the existing farmhouse is demolished and a
new residence is built, the new residence can be served by a new well or a
community well in accordance with City and Iowa Department of Natural Resources
(IDNR) standards.
}> State Code provides for the City to exempt the City's portion of property taxes only,
not all property taxes. The agreement provides the following partial exemption for
City taxes for a period of five years:
a. For the first year, seventy-five percent (75%).
b. For the second year, sixty percent (60%).
c. For the third year, forty-five percent (45%).
d. For the fourth year, thirty percent (30%).
e. For the fifth year, fifteen percent (15%).
}> The City Council has adopted an ordinance to allow hunting within the City limits
with certain conditions, which was a specific annexation condition requested by
the Henschels.
}> Since the Henschels' rezoning request was filed concurretly with the annexation
request, the rezoning fee is waived.
Recommendation
I recommend that the voluntary annexation request of Thomas and Sheri Henschel be
approved. I further recommend that the development annexation agreement be
approved.
Enclosures
cc Bob Green, Water Department Manager
Gus Psihoyos, City Engineer
Prepared by: Laura Carstens. City Planner Address: City Hall 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. Citv Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121
RESOLUTION NO.
- 06
RESOLUTION APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF
TERRITORY OWNED BY THOMAS L. AND SHERI A. HENSCHEL, INDIVIDUALLY
AND AS TRUSTEES
Whereas, Thomas L. and Sheri A. Henschel, individually and as trustees, as
property owners have submitted a written application for voluntary annexation of
approximately 39.03 acres ofterritory lying outside the corporate limits of the City of
Dubuque, Iowa, as shown in Exhibit C and legally described as: That part of Lot 1 of
Megan-Nicole Valley Subdivision lying outside the City of Dubuque in Section 3,
T88N, R2E of the 5th P.M. in Dubuque County, Iowa; That part of Lot 1 in Henschel-
McNamer Place, Plat #2, lying outside the City of Dubuque in Section 3, T88N, R2E
of the 5th P.M. in Dubuque County, Iowa; and That part of Lot 2 in Henschel-
McNamer Place lying outside the City of Dubuque in Section 3, T88N, R2E ofthe 5th
P.M. in Dubuque County, Iowa; and
Whereas, the annexation territory is not subject to an existing annexation
moratorium; and
Whereas, the annexation territory does not include any state or railroad property;
and
Whereas, the annexation territory does not include County road right-of-way; and
Whereas, Chapter 368 of the Code of Iowa authorizes the extension of City limits
in situations of this character by adoption of a resolution and notification as required by
State regulations; and
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 C.
Section 2. The territory hereby annexed shall become part of the 10\ Precinct
of the 10\ Ward of the City of Dubuque, Iowa.
Section 3. The City shall provide for the transition for the imposition of City
taxes against property owner's property, as provided by Chapter 368 of the Code of
Iowa. That property owner's property shall be entitled to the following partial exemption
from taxation for City taxes for a period of five years:
a. For the first year, seventy-five percent (75%).
b. For the second year, sixty percent (60%).
c. For the third year, forty-five percent (45%).
d. For the fourth year, thirty percent (30%).
e. For the fifth year, fifteen percent (15%).
The five-year period shall begin when the Property is placed on City tax rolls by Dubuque
County. Lots sold after that date shall receive the partial exemption percentage only for the
remaining years of the five-year period.
Section 4. That the City Clerk shall file this resolution, all exhibits and the
petition for voluntary annexation with the State of Iowa in accordance with State
Regulations.
Passed, approved and adopted this 5th day of June, 2006.
Ann E. Michalski, Mayor Pro-Tem
Attest:
Jeanne F. Schneider, City Clerk
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Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
Return to: Jeanne Schneider, City Clerk Address: City Hall, 50 W. 13th Sl. Telephone: 589-4120
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
THOMAS L. AND SHERI A. HENSCHEL
AND
THOMAS L. HENSCHEL AS TRUSTEE OF THE
THOMASL.HENSCHELTRUSTAGREEMENT
AND
SHERI A. HENSCHEL AS TRUSTEE OF THE
SHERIA.HENSCHEL TRUST AGREEMENT
This Agreement, dated for reference purposes the _ day of , 2006,
is made and entered into by, between and among the City of Dubuque, Iowa (City) and
Thomas L. and Sheri A. Henschel, husband and wife, (Developers), Thomas L.
Henschel as Trustee of the Thomas L. Henschel Trust Agreement Dated March 21,
2005, and Sheri A. Henschel as Trustee of the Sheri A. Henschel Trust Agreement
Dated March 21, 2005
WHEREAS, Developers are the owners and trustees of the real property shown
on Exhibit C incorporated herein by reference and legally described as follows (the
Property):
That part of Lot 1 of Megan-Nicole Valley Subdivision lying outside
the City of Dubuque in Section 3, T88N, R2E of the 5th P.M. in
Dubuque County, Iowa (parcellD # 1502176004)
That part of Lot 1 in Henschel-McNamer Place, Plat #2, lying
outside the City of Dubuque in Section 3, T88N, R2E of the 5th P.M.
in Dubuque County, Iowa (parcellD # 1502105003);
That part of Lot 2 in Henschel-McNamer Place lying outside the
City of Dubuque in Section 3, T88N, R2E of the 5th P.M. in
Dubuque County, Iowa (parcellD # 1502130001);
1
and
WHEREAS, Developers intend to request City to annex the Property; and
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 approval by the Secretary of State, after the
exhaustion of any and all appeals from the action of the Secretary of State or the
expiration of the time within which such appeals may be brought, approving the
voluntary annexation of the Property. In the event the Secretary of State approves such
annexation as to less than all of the Property, this Agreement shall be null and void with
respect to any of the Property not included by the Secretary of State.
2. Upon the filing of 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 Secretary of State, Dubuque County Board of
Supervisors, each affected public utility, and the Iowa Department of Transportation as
provided by law. Developers agree not to withdraw the application or any part thereof
after its filing with City.
3. Developers agree that any subdivision of Parcel B shall be in accordance with the
City of Dubuque Subdivision Ordinance.
4. The City recognizes the Developers' need for street right-of-way access and utility
extensions to the property line of Parcel B in accordance with City policies, regulations,
and standards, which shall be coordinated in a joint effort through the City Manager and
City staff within an established utility easement and/or street right-of-way, subject to the
constraints posed by topography, flood plain and layout of NCR Subdivision and
development of the Property. The costs of street right-of-way access and utility
extensions to the Property shall be the Developers' responsibility.
5. Developers agree that any split of Parcel C by a Plat of Survey for development of
a second residential unit shall be in accordance with the City of Dubuque Zoning
Ordinance and Subdivision Ordinance. The second residential unit may share the use of
the existing driveway on Parcel C. The City of Dubuque Zoning Ordinance and
Subdivision Ordinance do not require vacating public right-of-way or improving to City
Standards, the gravel portion of Miller Road that serves Parcel C when this parcel is
split or when the new residence is constructed.
6. The City Manager is authorized to exempt the Developers from the requirement of
connection to the City sanitary sewer which is within 200 feet of the Property if the City
Manager determines that such connection would be impracticable or exact an undue
2
hardship because of the conditions pertaining to the property in question. The
connection fee for the existing farmhouse will be $4,500.00 when connected to the City
sewer.
7. Developers may demolish the existing farmhouse and construct a new farmhouse
on Parcel C in accordance with applicable City building and zoning regulations. The
new residential unit may use the existing driveway on Parcel C. The City of Dubuque
Zoning Ordinance and Subdivision Ordinance do not require vacating public right-of-
way or improving to City Standards, the gravel portion of Miller Road that serves Parcel
C when this new residence is constructed.
8. City agrees that connection to City water for existing and future dwellings on
Parcel C is not mandatory, and the existing farmhouse can remain on well water.
Developers agree that if Parcel C is split and a second residence is built, or if the
existing farmhouse is demolished and a new residence is built, the new residence will
be served by either City water or by a new well or a community well in accordance with
City and Iowa Department of Natural Resources (IDNR) standards.
9. 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%).
10. City agrees to waive the $850 rezoning fee.
11. City agrees to adopt an amendment to the City of Dubuque Code of Ordinances
to permit Developers to hunt on the Property.
12. 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.
13. This Agreement shall apply to and bind the heirs, successors, and assigns of the
parties.
14. 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.
15. Upon execution of this Agreement, City shall promptly record this Agreement
with the Dubuque County Recorder.
3
CITY OF DUBUQUE, IOWA
Attest:
Jeanne F. Schneider, CMC
City Clerk
By:
Roy D. Buol
Mayor
STATE OF IOWA
)
)
)
ss:
DUBUQUE COUNTY
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
Thomas L. Henschel
Thomas L. Henschel Trust Agreement dated
March 21, 2005
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Thomas L. Henschel, Trustee
Sheri A. Henschel
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Sheri A. Henschel Trust Agreement dated
March 21, 2005
Ai '{iLcL(!,)tu~~.
~~enschel, Trustee
4
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 THOMAS L. HENSCHEL, to me
known to be the identical person named in and who executed to foregoing
instrument, and acknowledged that the person, as the fiduciary, executed the
instrument as the voluntary act and deed of the person and of the fiduciary.
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WEe":U I1E11 ENBERGER
Cor- .. ~L':-I1!>er 125
lth CCO"":"L ~lp[rel
STATE OF IOWA )
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DUBUQUE COUNTY )
On this I day of ,j ~, 2006, before me, the undersigned, a Notary
Public in and for said State, personally appeared SHERI A. HENSCHEL, to me
known to be the identical person named in and who executed to foregoing
instrument, and acknowledged that the person, as the fiduciary, executed the
instrument as the voluntary act and deed of the person and of the fiduciary.
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