Our Agency

City Development Board Minutes - June 2019

State of Iowa
City Development Board
Meeting Minutes of June 12, 2019
Iowa Economic Development Authority
200 E. Grand Avenue, 2nd Floor Main Conference Room
Des Moines, Iowa

Call to order 1:00 p.m.

Present

Dennis Plautz, Board Chairperson
Jim Halverson, Board Vice Chairperson
Mari Bunney
Chris McKee*
Mackenzie O’Hair

Others Present
Matt Rasmussen, Administrator, City Development Board
Betty Hessing, Administrative Assistant, City Development Board
Emily Willits, Iowa Department of Justice
Clayton Ender, Planner, City of Johnston
Brad Deets, Development Director, City of Waukee
Dean Wheatley, Planning Director, City of North Liberty
Frank Smith, Attorney, City of Altoona
Chad Quick, Planner, City of Altoona
Dee Keul, Polk County Resident
George Tomlinson, Property Owner/Polk County Resident
Suzie A. Berregaard, Property Owner in Grimes*
 

*Participated via teleconference

Introduction by Chairperson, Dennis Plautz

Roll Call by Matt Rasmussen, Board Administrator

All Board Members were present.

 

Request for amendments to agenda

Motion by

Jim Halverson

Motion

I move to approve the agenda as presented.

Second

Mackenzie O’Hair

Roll Call

All ayes.  Motion approved.

Consideration of May 8, 2019, business meeting minutes

Motion by

Jim Halverson

Motion

I move the minutes of May 8, 2019, be approved as printed and distributed.

Second

Mari Bunney

Roll Call

All ayes.  Motion approved.

New Business

UA19-04

Johnston

Matt Rasmussen reported this is a 100% voluntary annexation to the City of Johnston.  It’s 29.73 acres—of that .74 is road right-of-way.  

Municipal services currently being supplied to the area include Polk County Sheriff's Office for police calls.  In the short term, the City of Johnston will request that an existing 28E agreement with the Polk County Sherriff's office be amended to have the Sherriff continue providing police services to the annexation territory.  With the annexation, the City will take over ownership and maintenance of all of the public streets to the centerline adjacent to annexed properties.  In the short term, the City of Johnston will request than an existing 28E agreement with Polk County be amended to include roadway maintenance within the annexation territory.  In the future, maintenance of the area, including snow removal would be absorbed into the existing maintenance budgets.  Other municipal services include Johnston Public Library, Johnston Community Development and Johnston Administration & Finance.  Public utilities include municipal water, municipal sanitary sewer, municipal stormwater management.  Private utilities in annexation area include MidAmerican Energy Company, Black Hills Energy and Internet service provided by Century Link. 

The annexation territory is not subject to an annexation moratorium agreement and Mr. Rasmussen stated that the packet appears to be complete and properly filed.

Clayton Ender, Planner with the City of Johnston, was present to explain further and answer questions from Board.  Mr. Ender stated the property owner came to the City requesting the annexation.  The City reviewed and found it to be consistent with Johnston’s Comprehensive Plan and the City Council approved this annexation request.  There were no questions or comments from anyone.

Motion by

Chris McKee

Motion

I move the Board find UA19-04 as complete and properly filed and in the public interest and that it be approved.

Second

Jim Halverson

Roll Call

All ayes.  Motion approved.

UA19-05
Johnston

Matt Rasmussen reported this was a 100% voluntary annexation for the City of Johnston consisting of 147.40 acres of which 6.49 acres are adjacent road right-of-way.

The annexation area is currently serviced by the Polk County Sheriff's Office for police calls.  In the short term the City of Johnston will request that an existing 28E agreement with the Polk County Sheriff's office be amended to have the Sheriff continue to provide police services to the annexation territory.  With the annexation, the City will take over ownership and maintenance of all of the public streets to the centerline adjacent to annexed properties. In the short term, the City of Johnston will request that an existing 28E Agreement with Polk County be amended to include roadway maintenance with the annexation territory. 

The City of Johnston is in pending litigation with Xenia Rural Water regarding water service for the general area, which includes the subject property.  The City of Johnston is prepared to engineer water main infrastructure and construct the necessary utilities should a resolution to the pending litigation be arrived upon.  The City has begun engineering for the extension of a sanitary sewer main to service the NW Saylorville Drive growth area.  The subject property would be within this growth area and be serviced by this sanitary sewer main.  Pending litigation with Xenia Rural Water District, it may delay construction of this sanitary sewer main.  Private utilities will be provided by MidAmerican Energy Company & Black Hills Energy & internet service from CenturyLink. 

The subject property is bounded by NW 121st Street to the west, NW Towner Drive to the north, and Hwy. 141 to the east.  Access to Hwy. 141 would be permitted by the IDOT pending the results of a traffic impact study.  To service the area, will require an investment for the City in sanitary sewer and water. 

There is no existing moratorium agreement that this annexation territory is subject to. 

Mr. Rasmussen reported this annexation petition appears to be complete and properly filed.
Clayton Ender, Planner with the City of Johnston, was present to explain further and answer questions from Board members.  Mr. Ender stated the property owner came to the City requesting the annexation.  The City Council has considered it and approved the annexation.

Chairperson Plautz asked what the litigation with Xenia was regarding.  Mr. Ender replied it was regarding whether the City of Johnston can provide water service to the area or if Xenia has the sole right to provide water service to the area.  Chairperson Plautz thanked Mr. Ender and said the City Development Board does not have authority over that type of thing, but he was just curious of what the issue was.

Chairperson Plautz asked if anyone else was present who would have a question/comment.  Suzie A. Berregaard, property owner in Grimes which borders the SW corner of the proposed annexation, vocalized her lack of support for the proposed annexation.  She stated that she thought this annexation was an attempt to circumvent more stringent building restrictions that Polk County would place on the property.  She stated that she has lived in this area for almost twenty years and most of the people moved to that area because of the rural character of that property and to see that piece of property be allowed to be highly developed—it isn’t consistent with what’s already there.  It will really change the characteristic of that piece of corridor along 141.  I am opposed as a neighboring property owner at 8635 NW 121st Street, to the annexation.

Chairperson Plautz asked Emily Willits if she saw any issues or implications that the Board should be concerned with in regard to the provision of water and the lawsuit with Xenia.  Ms. Willits didn’t think so—it sounds like the area will be served by water one way or another.

Jim Halverson asked if Xenia prevails with continuing in being the water service provider, would the City Council then want to reconsider its position in annexing this area.  Clayton Ender replied that the litigation was in process during the City Council’s consideration and they wanted to move forward with it anyway.  Mr. Halverson stated that was good to know and thanked Mr. Ender.

Chairperson Plautz asked if there were further questions or comments and there were none.

Motion by

Jim Halverson

Motion

I move the Board find UA19-05 as complete and properly filed and in the public interest and that it be approved.

Second

Mackenzie O’Hair

Roll Call

All ayes.  Motion approved.

UA19-06
Waukee

Matt Rasmussen reported this was a 100% voluntary annexation for the City of Waukee.  It’s 26.3 acres of which 1.24 acres is road right-of-way.  The owner has expressed interest in further dividing the property for large lot single-family homes.  The southern parcel includes an existing storage building.  The City understands that the owner of the southern property intends to construct a single family home on the property eventually.


Utilities already exist to serve the property.  An existing public water main is located along Ute Avenue (R-22).  In 2017/2018, the City installed a major sanitary sewer trunk line along the eastern edge of these two properties.  As a part of the negotiations for easements for the project, service lines were provided to serve these two properties from the trunk line.  The area proposed within the annexation is already served by the Waukee Fire & EMS Department.  Upon completion of the annexation, the City's Police Department would be responsible for patrolling and responding to the area.  Both Departments have seen increased staffing levels over the last several years, which puts them in good position to serve the area proposed within the annexation.

The proposed annexation territory is not subject to an existing moratorium agreement with an adjoining city.
Mr. Rasmussen reported this annexation appears to be complete and properly filed.

Brad Deets, Development Services Director for the City of Waukee, was present to explain further and answer questions from Board members.

Motion by

Chris McKee

Motion

I move the Board find UA19-06 as complete and properly filed and in the public interest and that it be approved.

Second

Mari Bunney

Roll Call

All ayes.  Motion approved.

UA19-07
North Liberty

Matt Rasmussen reported this was a 100% voluntary annexation petition for the City of North Liberty consisting of one lot plus the adjoining half-street right-of-way.  The proposed annexation is 2.69 acres.  This annexation is requested by the owners in part because they wish to connect to and be served by City utilities.  The lot is part of a rural subdivision that has become almost surrounded by the North Liberty corporate boundaries and is part of a larger area within which the City is actively promoting annexation in part to minimize or eliminate the existing near-island of unincorporated land.


This lot is already served with City sanitary sewer and will be served with City water and all other typical City services upon annexation, including street maintenance (already managed by the City), police, fire, garbage pickup, building inspections and enforcement and others. 

There is an annexation moratorium agreement between North Liberty and Tiffin and this annexation proposal appears to be complete and properly filed.
 

Dean Wheatley, Planning Director for the City of North Liberty, was present to explain further and answer questions.

Motion by

Jim Halverson

Motion

I move the Board find UA19-07 as complete and properly filed and in the public interest and that it be approved.

Second

Mackenzie O’Hair

Roll Call

All ayes.  Motion approved.

NC19-08
Altoona

Matt Rasmussen reported this is an 80/20 request from the City of Altoona.  The total annexation territory is 153.962 acres; without the road right-of-way, it’s 147.482 acres.  Non-consenting consists of 26.701 acres which is 18.1% being on-consenting.

Services to be provided include Wastewater; Water; Law Enforcement; Fire and EMS; Public Works; Building, Zoning, Engineering, Planning and related services; Library, Parks & Recreation; and fiscal. 

It is not subject to a moratorium agreement that affects this annexation territory. 

Mr. Rasmussen reported that the packet does appear to be complete and properly filed.


Chairperson Plautz asked if there were representatives from Altoona that would like to speak.
 

Frank Smith, 4215 Hubbell Avenue, Des Moines, was present representing the City of Altoona to explain further and answer questions.  Also present with Mr. Smith was Mr. Chad Quick, Planner for the City of Altoona.  Frank Smith stated that they had a number of questions at the City’s public hearing from property owners, which they’ve sent out a flyer to them addressing many of their concerns.  The annexation is principally driven by the owner of the larger tract of land who stands ready to proceed with development in the area.  Mr. Smith explained this was an annexation that included non-consenting property owners to simply avoid the creation of islands, as required by the statute.  Mr. Smith stated that if there were any other questions, he would be happy to respond or ask Mr. Quick to respond.

Chairperson Plautz asked if the Board had any questions.      The Board did not have questions.  Chairperson Plautz then moved to any others who might have questions.  Chairperson Plautz stated that today we’re taking action on whether or not the petition is prepared and filed properly—not whether this should go through or not go through.  We will have a public hearing if we find today that it is complete and properly filed. 

George Tomlinson, property owner, stated that Chairperson Plautz spoke with the lady from Johnston who opposed that annexation; you wanted to point out that that was not within your purview to make a determination like that.  Chairperson Plautz replied, “To set City zoning—that’s a function in the State Code of a Planning & Zoning Commission and City Council.”  Mr. Tomlinson stated that he thought he heard Mr. Plautz say that’s within the purview of the Altoona City Council to decide a dispute if someone is opposed to this annexation.  Who is actually going to make the determination if there are “X” number of people who are non-consenting?  Chairperson Plautz asked Emily Willits to walk him through the process.  Ms. Willits replied that at this meeting today, the Board is to determine if Altoona’s application is complete and property filed.  If the Board’s decision on that question is “yes”, then this will be set for a public hearing.  At that time, it will be the Board’s job to determine whether to approve the annexation or not.  This Board does have a role in approving an annexation application.  The previous caller was concerned about the type of development that was going to occur.  Mr. Tomlinson stated that the point was, it was in opposition to the annexation, for whatever reason.  Ms. Willits stated that the Chairman’s comment regarding that caller, was it seemed her concerns were about what type of development might be allowed on that property and that’s something that this Board doesn’t have jurisdiction over.  But the Board does have jurisdiction to approve or disapprove an annexation.  Mr. Tomlinson thanked Emily Willits.  Chairperson Plautz stated we will be talking about a date for a hearing at the resolution of whether or not this is complete and properly filed.

Chairperson Plautz asked if there were any other questions before we take action on the filing.  There were no other questions.  Chairperson Plautz then asked for a motion.

Motion by

Jim Halverson

Motion

I move the Board find NC19-08 as complete and properly filed and that a date for public hearing be set.

Second

Mackenzie O’Hair

Roll Call

All ayes.  Motion approved.

Chairperson Plautz asked Mr. Rasmussen to go on to the next Altoona petition and then we’ll come back and set a date for public hearings.

NC19-09
Altoona

Matt Rasmussen reported this was also an 80/20 for the City of Altoona.  It’s 107.742 acres, including public road right-of-way of 6.972 acres.  Exclusive of the public road right-of-way, the annexation consists of 100.77 acres of which 82.356 are owned by property owners who consent to the annexation and 18.414 acres (18.27%) are owned by non-consenting property owners whose land is included in the annexation to avoid the creation of islands. 

Altoona presently provides no municipal services (other than fire and EMS) to the annexation territory, but has the immediate fiscal and physical capability of extending substantial municipal services to the annexation territory.  Services to be provided include Wastewater; Water; Law Enforcement; Fire & EMS; Public Works; Building, Zoning, Engineering, Planning and related services; Library, Parks & Recreation; and fiscal. 

There are no urban services agreements, 28E agreements or annexation moratorium agreements that affect the annexation territory. 

Mr. Rasmussen reported that the petition does appear to be complete and properly filed.

Chairperson Plautz asked if Altoona representatives had any further comments on this petition.  Frank Smith and Chad Quick were present to explain further and answer questions.  Frank Smith replied that like the prior annexation petition, this is an 80/20 annexation petition which includes non-consenting owners to avoid the creation of islands and it also helps to square-up service territory issues.  Like the other one, the developer is ready to pursue development, subject to the approval of this annexation and the other development matters that need to be addressed.

Chairperson Plautz asked if the Board had questions for Altoona representatives and they did not.  Chairperson Plautz then asked for a motion.

Motion by

Mackenzie O’Hair

Motion

I move the Board find NC19-09 as complete and properly filed and that a date for public hearing be set.

Second

Jim Halverson

Roll Call

All ayes.  Motion approved.

Chairperson Plautz stated we now need to set a date for public hearings, but he wanted everyone to know that on these 80/20’s, it requires an affirmative vote of 4 out of 5 members of the Board—a super majority.  So, we always try to set the hearings when we have five members present. 

Matt Rasmussen stated that July 10th is the next regular City Development Board business meeting, so he suggested to schedule these hearings one right after the other, right after the regular business meeting on July 10th.  As of today, we only have one 100% voluntary petition for agenda.  Mr. Rasmussen suggested the first Altoona hearing be scheduled at 1:30 p.m. and the second Altoona hearing be scheduled for 2:30 p.m.  Matt Rasmussen deferred to Mr. Smith and he thought that would be reasonable.  Mr. Smith stated he assumed a full Board would be present and all Board members stated they could attend in-person.

Chairperson Plautz asked for a motion on the July 10th Altoona public hearings.

Motion by

Jim Halverson

Motion

I move that the Board schedule public hearings for Altoona’s petitions, NC19-08 & NC19-09, for July 10, 2019, at 1:30 p.m. for NC19-08 and 2:30 p.m. for
NC19-09.

Second

Mackenzie O’Hair

Roll Call

All ayes.  Motion approved.

Staff Reports

There were no staff reports.

Future Meeting & Public Hearings

July 10, 2019, at 1:00 p.m., City Development Board Business Meeting at IEDA, 200 E. Grand Ave., 2nd Floor Main Conference Room, Des Moines, Iowa

July 10, 2019, at 1:30 p.m., Altoona (NC19-08) Public Hearing at IEDA, 200 E. Grand Ave., 2nd Floor Main Conference Room, Des Moines

July 10, 2019, at 2:30 p.m., Altoona (NC19-09) Public Hearing at IEDA, 200 E. Grand Ave., 2nd Floor Main Conference Room, Des Moines

Adjourn

1:36 p.m.

Respectfully Submitted,

Betty Hessing, Administrative Assistant

;