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.
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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