City could de-annex property

Council members recently annexed a property that needed access to the city's sewer system, but later decided to install a septic system instead. The Council could reverse the annexation.

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November 4, 2024 - 1:38 PM

Mayor Steve French asks what the options are for a recently annexed property at the Oct. 15 city council meeting. Photo by Sarah Haney

The annexation of a property into the City of Iola may be reversed. Council members recently discovered the property at 519 S. Ohio was no longer in need of its previous annexation.

The property was originally annexed into the city as two residential lots. 

“The purpose of the annexation was to have access and hook-up to the city’s sewer line,” said Assistant City Administrator Corey Schinstock. 

Since its annexation, the needs of the property owner have changed.

The topic arose at the Oct. 15 city council meeting when council members were considering a boundary ordinance for both the South Ohio property and the PrairieLand Partners property on Oregon Road. A boundary ordinance is required following the annexation of property and is typically completed on an annual basis following the annexation. However, the boundary ordinance was overlooked with these two properties. The approval of the boundary ordinance would change the territorial limits of Iola.

“Correct me if I’m wrong,” said Mayor Steve French at the Oct. 15 council meeting. “Did the property owner find out that they were allowed to use a septic system and they went back to septic?” 

Schinstock confirmed this, but noted that the property had already been annexed when this realization was made.

“Do we really want a piece of property that’s in town and on a septic system?” asked French. “What does that mean when we have a code that says you can’t be on septic?” Schinstock explained that a city property can be on a septic system, as long as it is a certain distance away from an existing sewer main. “We’ve got a number of septic tanks on the edge of town where it isn’t sewer accessible,” he said.

French noted that it wasn’t the property owner’s preference to be annexed into the city. “That was his only option because he was given the impression that he could not go with the septic system,” he explained.

“There is a de-annexation process,” suggested City Administrator Matt Rehder. He noted he would need to do a bit more research and return to the council. Council members unanimously decided to table the boundary ordinance agenda item and wait to hear more about the de-annexation process at the Oct. 28 meeting.

At the following meeting, Schinstock noted that the property owners are in favor of de-annexation. The council agreed to begin the process by giving at least 20-days notice, starting with a notice of public hearing published in the Register. 

Final council action is expected at the Nov. 25 meeting.

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