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HomeMy WebLinkAbout2021-11-01-H02 Annexation Moratorium Agreement_West Des Moines_PH AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: November 1, 2021 AGENDA ITEM: Public hearing on an annexation moratorium agreement between the City of Waukee, Iowa and the City of West Des Moines, Iowa FORMAT: Public Hearing SYNOPSIS INCLUDING PRO & CON: The Cities of Waukee and West Des Moines do not currently have an annexation moratorium in place between the two Cities. City staff has coordinated with the City of West Des Moines in a new ten-year annexation moratorium agreement which generally follows the R-22/Ute Avenue corridor south of Interstate 80 to County Road F90. As a part of the discussions related to the moratorium line, it was recommended that the area known as Napa Valley located on the east side of R-22/Ute Avenue not be included in the agreement for purposes of either City being able to annex the area. The existing rural subdivision is serviced by private utilities for both water and sanitary sewer. Leaving Napa Valley out of the agreement still allows for West Des Moines to annex portions of that territory east of R-22/Ute Avenue without creating an island, which is not permitted per State Code. Per the terms of the agreement, the commitment related to Napa Valley is made, however, there is an exception as it relates to the need for utility services during the ten year moratorium agreement. If it is determined that public utilities are necessary due to a private utility failure (i.e. sanitary sewer), then those property owners within Napa Valley would have the ability to annex to either Waukee or West Des Moines if a minimum percentage of those property owners agreed to annexation. At the September 20, 2021 City Council Meeting, Kyle Kuhn, as representative of several property owners located east of R-22/Ute Avenue and directly south of Interstate 80, requested that similar consideration be given to them as was proposed to be given to the Napa Valley residents. City staff has analyzed the request as it relates to omitting these property owners from the agreement. Access to these properties is provided off of 335th Court and V Avenue. A portion of both of these roads is already located within the City of West Des Moines. Waukee staff has also been told by West Des Moines that water and sanitary sewer utilities that serve other adjoining subdivisions in West Des Moines have been extended to allow for the future servicing of this area. H2 Leaving this area out of the agreement would also further restrict West Des Moines ability to annex property located north of Napa Valley as they would need to avoid the creation of an island of properties remaining within Dallas County. Staff also discussed the proposal with City of West Des Moines staff, and the City of West Des Moines was not interested in agreeing to the request to leave these properties out of the agreement. 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. West Des Moines is also scheduled to hold a public hearing and take action on the agreement on November 1, 2021. Based upon the analysis as explained above, staff is recommending that the City Council hold the public hearing and take action on the moratorium agreement as presented which would not include the omission of those properties located south of Interstate 80 and east of R-22/Ute Avenue but would include the omission of those properties located within Napa Valley. RECOMMENDATION: Hold the Public Hearing ATTACHMENTS: I. Annexation Moratorium Agreement II. Annexation Boundary Map PREPARED BY: Brad Deets, Assistant City Administrator REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: Dallas County News DATE OF PUBLICATION: 10/21/21 ANNEXATION MORATORIUM AND SUBDIVISION REVIEW AGREEMENT PURSUANT TO IOWA CODE SECTIONS 368 AND 28E BETWEEN THE CITY OF WAUKEE, IOWA AND CITY OF WEST DES MOINES, IOWA This Annexation Moratorium and Subdivision Review Agreement (hereinafter “Agreement”) is made and entered into as of the ____ day of ______________, 2021, by and between the City of Waukee, an Iowa municipal corporation (hereinafter “Waukee”) and the City of West Des Moines, an Iowa municipal corporation (hereinafter “West Des Moines”). WHEREAS, it is in the public interest to provide for the orderly annexation of certain territory to Waukee, certain territory to West Des Moines, 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; and, WHEREAS, pursuant to Iowa Code Chapter 368, the cities of Waukee and West Des Moines have negotiated the terms of this Agreement for the purpose of establishing boundaries wherein each city would agree that it would not annex land beyond the established boundaries for the ten-year term of the Agreement; and, WHEREAS, in addition to the terms and conditions of the Agreement, and under the authority of Iowa Code Chapter 28E, the cities of Waukee and West Des Moines desire to establish a boundary between the areas over which each city will exercise its extraterritorial jurisdiction pursuant to Iowa Code §354.9 (2021) to review subdivision plats and plats of survey so that each city will review only those subdivision plats and plats of survey of land located within each city’s areas of possible annexation pursuant to this Agreement; and, WHEREAS, the cities of Waukee and West Des Moines have approved this Agreement after notice and public hearing as provided by Iowa Code §368.4 (2021). NOW, THEREFORE, the parties to this Agreement hereby covenant and agree as follows: ARTICLE 1. GENERAL Section 1. Purpose. A. The purpose of this Agreement is to allow the cities of Waukee and West Des Moines to each plan for its orderly future growth. By establishing a boundary for the future growth of each city, both cities can plan for the orderly future extension of public infrastructure and services to serve each city’s future growth area. Without such an agreement, each city’s investment of scarce resources in public infrastructure and services to planned future growth areas may be lost if the area planned to be served by such investment becomes part of the other city. B. A further purpose of this Agreement is to provide for and avoid duplication in the review of plats and unincorporated land located within two miles or each city and relevant to this Agreement. It is the intent of the two cities that such plats be reviewed only by Dallas County and by the city, which may annex the subject area during the term of this Agreement as more particularly provided in Article 3. Section 2. Term. The term of this Agreement shall commence upon the date this Agreement is approved by the City Council of the City of Waukee, or the date this Agreement is approved by the City Council of the City of West Des Moines, whichever occurs later. This Agreement shall thereafter remain in full force and effect for a term of ten years from the date of its approval but may be amended or terminated prior to the expiration of the ten-year term upon mutual agreement of the cities. Section 3. No Separate Legal Entity or Property Disposition. No separate legal entity is created by this Agreement and no personal or real property shall be acquired by either city in regard to this Agreement. Section 4. Administrator. The Development Services Director of the City of Waukee shall be the Administrator of this Agreement. ARTICLE 2. ANNEXATION MORATORIUM AGREEMENT Section 1. Annexation Boundary Line. The cities of Waukee and West Des Moines hereby agree upon and approve the establishment of an Annexation Boundary Line legally described as follows: A LINE IN SECTIONS 8, 17, 19, 20, 29 AND 30 IN TOWNSHIP 78 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN, DALLAS COUNTY, IOWA DELINEATES AN ANNEXATION MORATORIUM LINE BETWEEN THE CITIES OF WAUKEE, IOWA AND WEST DES MOINES IOWA. THIS LINE IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: A LINE COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF INTERSTATE 80 (I-80) AND COUNTY ROAD R-22 (UTE AVENUE); THENCE SOUTH, ALONG THE CENTERLINE OF SAID COUNTY ROAD R-22 (UTE AVENUE TO THE CENTERLINE OF 335TH STREET, SAID POINT ALSO BEING THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 78 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN, DALLAS COUNTY, IOWA; THENCE CONTINUING SOUTH ALONG THE WEST LINE OF SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 17 TO THE SOUTHWEST CORNER OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 17; THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 17 TO THE CENTERLINE OF COUNTY ROAD R-22 (UTE AVENUE); THENCE SOUTH ALONG THE CENTERLINE OF COUNTY ROAD R-22 (UTE AVENUE) TO THE CENTERLINE OF THE INTERSECTION OF COUNTY ROAD R-22 (UTE AVENUE) AND COUNTY ROAD F-90 (360TH STREET); THENCE WESTERLY ALONG THE CENTERLINE OF COUNTY ROAD F-90 (360TH STREET) TO THE WEST LINE OF SECTION 30, TOWNSHIP 78 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN, DALLAS COUNTY, IOWA, such Annexation Boundary Line being generally as shown on the map attached hereto as Exhibit “A”. Section 2. Annexation Limitations. A. The city of Waukee agrees for the term of this Agreement to refrain from annexing any land, which is located east of the Annexation Boundary Line described above subject to the exception as described in in Section 2B below. The city of West Des Moines agrees for the term of this Agreement to refrain from annexing any land, which is located west of the Annexation Boundary Line described above. B. The area defined as Napa Valley on the attached Exhibit A shall not be the subject to either a voluntary or involuntary annexation by either West Des Moines or Waukee during the life of this agreement. The exception to this provision shall be if a situation arises where because of a directive from the Dallas County Sanitarian or the Iowa Department of Natural Resources that requires the Napa Valley development to connect to a municipal sanitary sewer system; or because of either water supply or quality issues that are occurring where it is necessary for the Napa Valley development to connect to a municipal system. In those situations, upon petition by owners of 80% of the land area of the Napa Valley development either West Des Moines or Waukee can voluntarily annex the Napa Valley development. Said Napa Valley development is legally described as follows: ALL OF NAPA VALLEY ESTATES PLAT 1, AN OFFICIAL PLAT, DALLAS COUNTY, IOWA; AND, ALL OF NAPA VALLEY ESTATES PLAT 2; AN OFFICIAL PLAT, DALLAS COUNTY, IOWA; AND, ALL OF NAPA VALLEY CREST, AN OFFICIAL PLAT, DALLAS COUNTY, IOWA; AND, LOT 2 OF LARSON/VOTH SUBDIVISION, AN OFFICIAL PLAT, DALLAS COUNTY, IOWA; AND, ALL OF BOONEVILLE CEMETERY BOUNDARY SURVEY AS RECORDED IN BOOK 8, PAGE 167, DALLAS COUNTY, IOWA. C. Pursuant to Iowa Code §368.4 (2021) and succeeding legislation, the City Development Board shall dismiss any petition, plan or application for a boundary adjustment which would cause either city to annex land in violation of this section. ARTICLE 3. REVIEW OF PLATS Section 1. Plat Review Authority. A. Subdivision plats and plats of survey for land located east of the Annexation Boundary Line in the portion of unincorporated Dallas County within two miles of the boundaries of the city of West Des Moines shall be subject to the extraterritorial jurisdiction of the city of West Des Moines pursuant to Iowa Code §354.9 (2021). The city of Waukee hereby waives all right to review and approve any subdivision plats and plats of survey within such area. B. Subdivision plats and plats of survey for land located west of the Annexation Boundary Line in the portion of unincorporated Dallas County within two miles of the boundaries of the city of Waukee shall be subject to the extraterritorial jurisdiction of the city of Waukee pursuant to Iowa Code §354.9 (2021). The city of West Des Moines hereby waives all right to review and approve any subdivision plats and plats of survey within such area. C. Both cities agree that they will use their best efforts to ensure that land uses in areas within their review jurisdiction and which are adjacent to the opposing city’s corporate boundary or review jurisdiction are compatible with the opposing city’s adjacent land uses. ARTICLE 4. FILING AND RECORDING Pursuant to Iowa Code §368.4 (2021), this Agreement and the Resolution approving the Agreement from each City shall be filed with the City Development Board within ten days of the later date of approval by the approving cities. Pursuant to Iowa Code §28E.8 (2021), this Agreement shall also be filed with the Iowa Secretary of State and recorded in the Office of the Dallas County Recorder. IN WITNESS WHEREOF, the City of Waukee and the City of West Des Moines have caused this Agreement to be executed by their respective Mayors, with attestation by their respective City Clerks. CITY OF WAUKEE, IOWA ATTEST: By:____________________________ By:_________________________ Courtney Clarke, Mayor Rebecca D Schuett, City Clerk STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this _____ day of _________________, 2021, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett, 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 Waukee, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation; that the Council, as contained in the Resolution adopted by City Council under Resolution No. ______ passed by the City Council on the _____ day of ______________, 2021, and that Courtney Clarke and Rebecca D. Schuett, as such officers, acknowledged the execution of the instrument to be the voluntary act and deed of the City of Waukee, Iowa, by it and by them voluntarily executed. _______________________________________________ Notary Public in and for the State of Iowa CITY OF WEST DES MOINES, IOWA ATTEST: By:____________________________ By:_________________________ Steven K. Gaer, Mayor Ryan T. Jacobson, City Clerk STATE OF IOWA ) ) SS COUNTY OF POLK) On this _____ day of _________________, 2021, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Steven K. Gaer and Ryan T. Jacobson, 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 West Des Moines, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation; that the Council, as contained in the Resolution adopted by City Council under Resolution No. ______ passed by the City Council on the _____ day of ______________, 2021, and that Steven K. Gaer and Ryan T. Jacobson, as such officers, acknowledged the execution of the instrument to be the voluntary act and deed of the City of West Des Moines, Iowa, by it and by them voluntarily executed. _______________________________________________ Notary Public in and for the State of Iowa