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Council delays annexation of two State Avenue properties after residents urge vacation of covenant

Ames City Council · December 10, 2024
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Summary

Homeowners asked Ames City Council to vacate a 2011 annexation covenant citing noise, lights and loss of prior fringe protections; council voted to decline initiation now but to accept an annexation application submitted by July 1, 2027, under the covenants.

Two State Avenue property owners asked Ames City Council on Dec. 10 to vacate an annexation agreement they signed in 2011, saying conditions have changed and the neighborhood now faces unlivable noise, additional lighting and a lack of the fringe protections they expected. Margaret Epplin said the neighborhood had relied on the agreement when she signed it and that recent development on Iowa State University property has made life at her address "unlivable" at times.

Staff and councilmembers noted the agreement chiefly concerned provision of water and did not grant the city control over development on state‑owned Iowa State property. Staff explained that Iowa State facilities are governed by the university and are not subject to city zoning, though the university typically meets with city staff about capital projects. Council discussed service differences for unannexed properties (sheriff and rural fire response) versus city first‑responder service for annexed properties.

After discussion about the public interest in bringing contiguous, water‑served parcels into city limits and concern about setting a precedent, council adopted Alternative 2: decline to initiate annexation now and accept any annexation application submitted under the covenant by July 1, 2027. The motion passed by roll call. Staff said the action preserves the covenant's conditions while deferring action unless the property owner applies during the acceptance window.

Next steps: staff will implement the council direction to accept an annexation application submitted by the July 1, 2027 deadline and will continue outreach to the property owners and affected stakeholders.