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Annexation Henschel's, Tom & Sheri D"G~~E ~Yk.~ 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 ,-.-., ; i5~~~E ~<k~ 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 <( ~ ..c ..c X W ~ . . i ~~ .. ~~ 8' , .1.1 a8.. ~.t~ en p, .!H s.... ., Q) .. o~ 'l . . C s ~ . I 0 ;;"- ..-.. " - en 0 >. Q) <ri ..... <D ;;"- t:: () >11 0> 0 '" 0> <( 0> " 0 0> t; <'i " Q) ~ <l: ro - 0> '" ;;"- 0.. ..... '" ~ ~ ~ 0 " ;;; 0 l- t; ci... <l: ~ " -,5 Ol Q) , <D ",0 s.... 0 '" <Xi Q.l~ a.. N oi 4; <0 t;~ '" "- , <l:U Ol 0 " ,,~ 11 I"- a; a; c: ~~ E > ~ C N -5 " "--3 ::J 0 " '~ ........ '" OJ >-, ~ 0 c: u en Q) '" > ~~ c: ..... I 0 .<:: :J 0:: 1;) 0 +oJ Q) .~ -~ u C Q) '" 2& ~ CO .<:: u ~ Ul ~ ~ ~~ u '" X 0 '" '" ::;; 0::- Q) '" u ~i :J Q) '" '" CT >- E .<:: ~ 5~ :J 0 t .a C t:: .<:: 0 '" o. :J Q) f- Z C) u~ 0 c !IIII[] <( 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 ~ /LA!~ - ~ y."",. / L{Wf"/C';- Thomas L. Henschel, Trustee Sheri A. Henschel 4Jk<< ".if #MLACL!/, 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. ~"'.l.;t". o ' . . , ~ '0."-- WEe":U I1E11 ENBERGER Cor- .. ~L':-I1!>er 125 lth CCO"":"L ~lp[rel STATE OF IOWA ) ) ss. 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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