Loading...
HomeMy WebLinkAbout2023-12-04 G01 Dallas Center Annexation Moratorium Agreement_PH AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: December 4, 2023 AGENDA ITEM: Public hearing on an annexation moratorium agreement between the City of Waukee, Iowa and the City of Dallas Center, Iowa FORMAT: Public Hearing SYNOPSIS INCLUDING PRO & CON: The Cities of Waukee and Dallas Center agreed to an annexation moratorium agreement in 2011, which defined that the City of Waukee could annex property south of 270th Street (NW Meredith Drive) and Dallas Center could annex property that is north of 270th Street. The agreement expired in 2021. Staff has worked with the City of Dallas Center on a new 28E agreement that will last for a ten-year period. The new agreement has modified the annexation moratorium boundary to approximately one-half mile north of 270th Street (NW Meredith Drive). The new boundary is consistent with the City of Waukee’s long-term growth shown in the Comprehensive Plan. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Prior to the public hearing, a copy of the proposed agreement was mailed to the Dallas County Board of Supervisors and the City Development Board as is required by State Code. The City of Dallas Center is scheduled to hold a public hearing and take action on the agreement on December 12, 2023. RECOMMENDATION: Hold the Public Hearing ATTACHMENTS: I. Annexation Moratorium Agreement PREPARED BY: Andy Kass, Community Development Director REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: Dallas County News DATE OF PUBLICATION: 11/16/2023 G1 ANNEXATION MORATORIUM AGREEMENT WHEREAS, the City of Dallas Center, Iowa (hereinafter referred to as Dallas Center), and the City of Waukee, Iowa (hereinafter referred to as Waukee), are interested in the annexation of certain territories that are within the planning areas of each city; and WHEREAS, it is in the public interest to provide for the orderly annexation of certain territory to Dallas Center, certain territory to Waukee, and to assure communication between the two cities so as to allow the best opportunity for orderly development of property, compatible uses, and coordinate public infrastructure along the common boundary to the maximum extent possible; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: SECTION 1. PURPOSE. It is in the public interest for Dallas Center and Waukee, to establish an Agreement for annexation, to provide the best opportunity for orderly planning, development, and provision of municipal services. It is also in the public interest to assure communication between the two Cities to create the best opportunity for compatible uses and development, continuity of street systems, and public improvements along the Annexation Boundary established in Section 2 of this Agreement. SECTION 2. ANNEXATION BOUNDARY. The Cities of Waukee and Dallas Center hereby agree to refrain from the annexation of territory within the boundaries shown on the attached Exhibit "A" and as more particularly described within legal descriptions reflected on Exhibit “B” as provided in this Annexation Moratorium Agreement. SECTION 3. ANNEXING MORATORIUM. In accordance with Iowa Code Chapter 368 (2023) and defined therein, Adel and Waukee agree as follows: Area A: The City of Dallas Center shall not annex property in Area A for the term of this Agreement. During this period, the City of Waukee may use any form of annexation legally available to it under state law to annex property in Area A, without objection from the City of Dallas Center. Area B: The City of Waukee shall not annex property in Area B for the term of this Agreement. During this period, the City of Dallas Center may use any form of annexation legally available to it under state law to annex property in Area B, without objection from the City of Waukee. SECTION 4. APPLICABILITY. This Agreement is applicable to all annexation proceedings, both voluntary and involuntary, and pending annexations as well as any that may be commenced in the future, to the fullest extent allowed and as provided by Iowa Code Chapter 368 (2023). All such proceedings, which have been initiated but not completed, shall be amended to conform to this agreement, and any portion of any petition for annexation, whether voluntary or involuntary, in conflict herewith is hereby terminated and withdrawn. Completion is hereby defined as being approved by the City Development Board and duly recorded prior to the date of the first City’s approval and signature on this Agreement. Each of the cities agrees not to annex territory in violation of this Agreement. Each City, and their officials, agents and representatives, agree not to aid or support in any way, any person, party, agency, or government body who may oppose, enjoin, or obstruct the other in the pursuit of any annexation that conforms with this Agreement. Terminology used in this Agreement shall be defined in the same manner as it is defined and used in Iowa Code Chapter 368, unless specifically defined herein. SECTION 5. JOINT DEVELOPMENT COMMUNICATION The cities agree to communicate concerning long range planning and zoning of property along the Annexation Boundary. Zoning and rezonings, site plans, and subdivisions located within 660 feet of the Boundary shall be submitted for review and comment by the staff of each City at least 7 days prior to consideration by a city. Each City will consider the comments of the other City when considering zoning, rezonings, site plans, plats and subdivisions actions. SECTION 6. STREET IMPROVEMENTS. For street infrastructure planning undertaken within one-eight mile (660 feet) of the Annexation Boundary, the Cities shall communicate their plans for street and access points to the other as plans are being developed and/or modified. Each City agrees to provide comment to the other concerning such planning and placement within a reasonable time for consideration of the planning City in making such plans. SECTION 7. RIGHTS AND OBLIGATIONS. This Agreement creates rights and obligations only among these two parties as governmental entities, and is to be interpreted, applied, and enforced by these entities only. It is not intended and shall not be interpreted to create any rights, title, or interest in any other person, firm, corporation, or entity, whether or not resident or taxpayer of any City, and whether directly or as a third party beneficiary. SECTION 8. STATUTORY AUTHORITY. This Agreement is entered into pursuant to Iowa Code Section 368.4 (2023). SECTION 9. EFFECTIVE DATE AND DURATION. The effective date of this agreement shall be the later of approval dates of the two Cities. Prior to approval, each City is required to publish notice and to hold hearings as required by Iowa Code Section 368.4 (2023). This Agreement shall be in full force and effect for a period of ten years after the aforementioned effective date. Either party to this agreement may petition for an amendment, extension, or termination of this agreement by providing written notice to the other party with at least thirty (30) days advance notice to amend, extend, or terminate the terms of this agreement. Any amendment, extension, or termination of this Agreement requires the approval of both City Councils before any amendment, extension, or termination becomes effective. SECTION 10. SEVERABILITY. If any section, provision, or part of this Agreement shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Agreement as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. Dated this _________ day of _____________________, 2023 ATTEST: CITY OF DALLAS CENTER, IOWA ____________________________ _________________________________ Shellie Schaben, City Clerk Daniel Beyer, Mayor Dated this _________ day of _____________________, 2023 ATTEST: CITY OF WAUKEE, IOWA ____________________________ _________________________________ Becky Schuett, City Clerk Courtney Clarke, Mayor * Pursuant to Iowa Code Sec. 368.4, a copy of this Agreement shall be filed with the City Development Board within ten days of enactment. EXHIBIT A Map of Annexation Moratorium EXHIBIT B The following description is illustrated on Exhibit “A”, Annexation Moratorium Agreement. BEGINNING AT THE CENTER OF SECTION 14, TOWNSHIP 79 NORTH, RANGE 27 WEST OF THE FIFTH PRINCIPAL MERIDIAN; THENCE EAST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14 TO THE EAST QUARTER CORNER OF SAID SECTION 14; THENCE EAST ALONG THE NORTH LINE OF THE SOUTH ONE-HALF OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 27 WEST OF THE FIFTH PRINCIPAL MERIDIAN TO THE EAST QUARTER CORNER OF SAID SECTION 13, SAID EAST QUARTER CORNER ALSO BEING THE WEST QUARTER CORNER OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN; THENCE EAST ALONG THE NORTH LINE OF THE SOUTH ONE-HALF OF SAID SECTION 18 TO THE EAST QUARTER CORNER OF SAID SECTION 18; THENCE EAST ALONG THE NORTH LINE OF THE SOUTH ONE-HALF OF SECTION 17, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN TO THE EAST QUARTER CORNER OF SAID SECTION 17 AND THE POINT OF TERMINUS; ALL NOW INCLUDED IN AND FORMING A PART OF DALLAS COUNTY, IOWA.