HomeMy WebLinkAboutA001 - Council Action Form dated December 10, 2024ITEM #:30
DATE:12-10-24
DEPT:P&H
SUBJECT:REQUEST TO DEFER ANNEXATION COVENANTS BY OWNERS OF
2114 & 2126 STATE AVENUE
COUNCIL ACTION FORM
BACKGROUND:
Earlier this year City Council received two separate requests for 2114 & 2126 State Avenue to
delay executing covenants for annexation by 18 months to three years (see attachments). Council
directed staff to place these requests on a future agenda for discussion. City Council reviewed the
request on October 22 and direct staff to provide notice of Council's discussion prior to it making
a final decision. Staff provided mailed notice to each property in November stating their request
would be reviewed by City Council on December 10. Staff has had no additional response since
sending the letter.
Original Report
In 2022, the City Council voted to annex two properties owned by ISU at 2219 and 2121 State Avenue.
At that time staff noted that properties on the east side of State Avenue (2114 & 2126 State Avenue)
had previously agreed to future annexation at the City's discretion, and they could be annexed per the
Covenant & Agreement for Annexation in place since 2011 (See Attachment B- Covenants). City
Council chose not to include these two properties with the annexation of the ISU properties at that time,
but to initiate their annexation consistent with the covenants at a future date. Therefore, staff initiated
contact with the two property owners in 2023 to implement City Council's direction. In response, the
two owners have requested a delay in annexation (See Attachments C & D).
The two properties have been receiving City water service without being within the City for the past 13
years. The City has traditionally required property owners who are provided City utilities outside of the
city limits to agree to annex at a later date at the City's discretion. Therefore, at that time the City
required the property owners to sign covenants agreeing to future annexation. Now that the city
boundaries abut the two properties, staff believes it is the appropriate time to initiate annexation.
Annexation of the properties would extend the City boundaries logically along existing boundary lines
south of Highway 30 and adjoining the properties annexed in 2022. This would maintain uniform
boundaries to deliver City services to these two properties. Both properties total 2.79 acres. The current
City limits abut these properties to the west along State Avenue. State Avenue serves as access to both
properties.
The issue of whether to require annexation at this point or not is a matter up to City Council. If it
is not believed annexation should be a priority at this time, staff believes City Council could pass
a resolution to revisit the issue and plan to require annexation in three years. This would put a
date in the resolution that would place an expectation on revisiting the matter and moving
forward with annexation. This would also create a defined date for the property owners to
anticipate being brought into the City.
ALTERNATIVES:
1
1. Direct staff to proceed with the annexation of the properties at 2114 & 2126 State Avenue in
accordance with the Covenant & Agreement for Annexation agreed to in 2011.
2. Decline to initiate annexation of the properties at 2114 & 2126 State Avenue and pass a
Resolution that the City Council will accept annexation applications submitted to the City by July
1, 2027 in accordance with the Covenant & Agreement for Annexation agreed to in 2011.
3. Defer action at this time and request more information from staff or propose a new annexation
agreement.
CITY MANAGER'S RECOMMENDED ACTION:
The initial direction of Council to staff was to begin the annexation of the properties at 2114 and 2126
State Avenue. With the recent ISU annexation, the land on the opposite side of State Avenue in 2022,
the land now abuts the City. While not an immediate necessity, annexing the properties now is
consistent with City policy and the covenants that are in place.
The two properties owners are requesting to not be annexed at this time for various reasons.
Staff believes that deferring annexation at this time will not create an adverse impact on the
City's development plans. However, staff believes if Council chooses to defer the matter, a
timeline should be established. In this case, staff believes a 3-year timeline of July 1, 2027 is
reasonable. At that point in time the City would initiate the annexation of the properties based
upon the current covenants and no new agreement is proposed. Therefore, it is the recommendation
of the City Manager that the City Council adopt Alternative No. 2, agreeing to delay annexation of the
two properties until July 1, 2027.
ATTACHMENT(S):
Attachment A- 2114 & 2126 State Avenue Location Map.pdf
Attachment B- Covenant & Agreement for Annexation.pdf
Attachment C- Epplin-Mowers-Feed Mill Noise Output.pdf
Attachment D-Geisinger Family - Annexation 2126 State Ave.pdf
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STATE AVE
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2114 & 2126 State Avenue- Location Map´
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Documentprepared by:FJ. Feihneyer,Attomeyd law, P.O. Box 664,Ameq LA50010-515-82a732-fif@singeriaw.com
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rHIs covENANr AND AGREEMENT is -"aJlffif XSt o^, of
y' * ' ,' ' ,2Oll,by and between Owner, their successors and assigns, and City upon the fol-
lowing terms and conditions:
1 As used herein, the terms following shall have the meanings set out:
1.1 Owner means Larry Laverne Caldwell and Karen Kay Reilly as executors of the estate of
Mildred Caldwell, deceased, now pending in the Iowa District Court for Story County'
Probate case No. ESPR027940.
1.2 City means the City of Ames, Iowa.
1.3 Real Estate means Lot Seven (7) in Christensen's Subdivision, Story County,Iowa.
2 Owner is the legal owner of record of Real Estate. As of the date of this Agreement, said Real Es-
tate is not contiguous to the corpo rate city limits of City. This agreement is made for the pur-
pose of facilitating extension and provision of water service by City to Real Estate, which is not
within the corporate limits of City.
3 Real Estate constitutes territory which may be annexed to the City of Ames as provided
Chapter 368 of the Code of Iowa.
4 Owner agrees to have the Real Estate annexed to the City of Ames, Iowa, upon certain terms and
conditions as hereinafter set forth in the event the said Real Estate receives water service from
Ciry.
5 At any time after the Real Estate receives water service from City, the City Council may, after
due and careful consideration, conclude that the annexation of said Real Estate to City on the
terms and conditioned hereinafter set fofth would further the growth of the City, would provide
the harmonious development of the City, would enable the City to control the development of
the area and would serve the best interests of the City.
6 At any time after the Real Estate receives water service from City, the City Council may notify
Owner of City's desire to annex Real Estate. Upon such notification, Owner agrees to petition in
writing to thi City Council requesting annexation on an application form to be provided by
City.
7 Pursuant to provisions of Section 368.7(e) of the Code of Iowa, Owner waives the right to with-
draw Ownei's application for annexation or consent to annexation after the time that the Real
Estate becomes contiguous to the City.
SE
P A S L E Y & S I N G E R L A W F I R M , L . L . P .
AMES, ltrwA
FJF ,./ 2011 101 1151038 4
Covenant for Annexation Ii;rgr,'12
8 Upon receipt of Owner's petition for annexation, pursuant to the provisions of chapter 368 of
the Code of Iowa, City shall provide notice of the proposed annexation to all propefty owners'
utilities, and governmental entities legally required to be notified.
9 The Owner agrees that upon annexation all municipal regulations and requirements, including
but not limited to zoning, subdivision and other ordinances, shall apply to the Real Estate, and
the City shall have full jurisdiction over the Real Estate for the purpose of enforcing its codes
presently in existence and as may be amended in the future.
10 From and after the commencement of water service from City, Owner shall not subdivide the
Real Estate or construct additional dwellings upon the Real Estate without the consent of City.
Nothing herein shall be construed to prevent Owner to construct, reconstruct, or improve exist-
ing dwellings or stnrctures or to construcq reconstruct) or improve new or existing secondary
use structures consistent with applicabie building and zoning ordinances'
11 This covenant and agreement shall be filed for record in the office of the Story County Recorder
and all covenants,
"gr..-..ttr,
promises and representations herein stated shall be deemed to be
covenants running with the Real Estate and shall endure and be binding on the Par"ties hereto,
their mortgagees, lienholders, successors and assigns, for a period of twenty-one (21) years from
the date of the recording of these covenants, unless claims to continue any interest in the cove-
nanrs are filed as provided by law. City shall have the right to file a claim to continue its interest
in these covenants.
12 This agreement shall be enforceable in any court of competent jurisdiction by any of the parties
hereto by any appropriate action at law or in equity to secure the performance of the covenants
herein .otttritred. Invalidation of any of these .ou.trr.rrc by judgment or court order shall in no
way affect any of the other provisions, which shall remain in full force and effect.
Executed by the respective signatories effective the date first above written.
O\TNER
././ruDated ,n E-o^, o, H ,rorr.,n
e srArEou Coln,r/o .couNrYou \outlo , SS.:
This instrument was acknowledged before me on the day of
Laverne Caldwell as executor of the estate of Mildred Caldwell, deceased.
\ u)B
Fq Conp.tJio,r o*pi" rr
,2011 by Larry
l- zl- zo rl'
P A S L E Y & S I N G E R L A W F I R M , L . L . P .
A M E S . l o w A
NOTARY PUBLIC
FJF,i/20111011151038
5
Covenant for Annexation l? agc l3
/{ car
l{A Dated,t"'6 dayof 4 ,2orr,
This instrument was acknowledged
Kay Reilly as
CITY:
CITY OF AMES, rO'!r/A
STATE OF IO\VA, COUNTY OF STORy, SS.: )^
This instrument was acknowledged before me on thr 15? d^y of 1dol*- ,
Campbell and Diane R. Voss as mayor and clerk of the City of Ames, Iowa.
len Kay Reilly, Executor
before
NOTARY PUBLIC
,2011by Karen
b,w,re
(6P';t,Lt" eft'tt
zo,r:tr v,yAnn H
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LI - t-u"t
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Diane R. Voss, City Clerk
NOTARY PUBL
CITY ATTORNFY
P A S L E Y & S I N G E R L A W F I R M , L . L . P .
AMES. IO\^,A
FJF,/20111011151038 6
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