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HomeMy WebLinkAbout363 RESOLUTION NO. 22-363 RESOLUTION APPROVING AMENDMENT TO THE 28E AGREEMENT, MODIFYING THE EXPIRATION DATE TO NOVEMBER 2, 2022; REQUESTING THAT STORY COUNTY AND GILBERT ALSO APPROVE THE AGREEMENT TO EXTEND THE 28E AGREEMENT; AND SUBMITTING THE SIGNED AGREEMENT TO THE IOWA SECRETARY OF STATE FOR THE CITY OF AMES,IOWA WHEREAS,under state law,the City has extended subdivision review authority within two miles of the City of Ames, and the City of Ames approved a Fringe Plan in 2006 to guide land use and subdivision policies within the two-mile Fringe Area; and, WHEREAS,Ames had entered into a 28E Cooperative Agreement for administration of the Fringe Plan among Story County,Ames,and Gilbert,and the initial Agreement was adopted in July 2011 and had a ten-year term; and, WHEREAS, on June 9, 2020,the Ames City Council agreed to extend the 28E Agreement until July 11, 2022, as the extension was intended to allow time for the City to complete the Ames Plan 2040 and to then proceed with an update to the Fringe Plan Agreement; and, WHEREAS, the City of Ames approved the Ames Plan 2040 in December 2021 and one implementation measure was to update the Fringe Plan to align with the Ames Plan 2040; and, WHEREAS, at its February 15, 2022, meeting the City Council reviewed priorities for a Fringe Plan update based upon growth areas and urban reserve designation of Ames Plan 2040, as well as priorities outlined by the Story County Board of Supervisors; and, WHEREAS,City Council had directed staff to work with Story County to prepare an update to the Ames Urban Fringe Plan based upon both sets of priorities; and, WHEREAS, City and County staff worked together to prepare a draft Ames Urban Fringe Plan and the draft Plan was made available for public review on May 16, 2022; and, WHEREAS, County staff is cataloguing the specific comments about the draft Plan and related Land Use Map,and with the initial review of the comments,staff has identified five primary themes to the public comments, which were: 1. Concerns about protection of environmental areas along Worrell Creek. 2. Concerns from the Meadow Glen neighborhood being forced to annex to the City. 3. Concerns that the Urban Reserve Overlay has too restrictive of standards for divisions. 4. Concerns that Story County would limit conditional uses with the Urban Reserve Overlay to preserve future compatibility when annexed. 5. Concerns about annexation policies with the Urban Reserve Overlay WHEREAS, in addition to the public comments, a letter from the Mayor of Gilbert was emailed to Story County requesting changes to the draft Map that would designate lands north of 190`'Street as an exclusive area to be annexed to Gilbert;however,the position expressed by Gilbert would be inconsistent with Ames Plan 2040,since the area between 190t1'and 180"'Streets is shown in Ames Plan 2040 as Urban Reserve, intended as area for future growth of Ames; and, WHEREAS,based upon tentative schedules to review the public comments later in July and to revise the Plan for final approval later this summer, it will not be possible to agree to a new 28E prior to the expiration of the current Agreement; and, WHEREAS, extending the 28E means that annexation policies and subdivision policies of the current Fringe Plan would continue to apply within Story County, and it would not implement the policies of the Ames Plan 2040; and, WHEREAS, an extension must also be agreed upon by all three entities to the 28E Agreement, and if all parties agreed to the extension, the 28E Agreement would be effective as of the date of the last signature and would need to filed with the Secretary of State within 30 days; and, WHEREAS, County and City staff estimate that three to four months,or until November 7, 2022, are still needed to complete all the remaining steps. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that the Amendment to the 28E Agreement, modifying the expiration date to November 7, 2022; requesting that Story County and Gilbert also approve the Agreement to extend the 28E Agreement; and submitting the signed Agreement to the Iowa Secretary of State by August 10, 2022, is hereby approved. ADOPTED THIS 28t'' day of June, 2022. Diane R. Voss, City Clerk John A. Haila, Mayor Introduced by: Betcher Seconded by: Gartin Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Junck, Rollins Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 28t'day of June, 2022.