Our Agency

City Development Board Minutes - April 2022

State of Iowa
City Development Board
Meeting Minutes of April 13, 2022
Iowa Economic Development Authority
1963 Bell Avenue, Suite 200, Helmick Conference Room
Des Moines, Iowa

Call to order 1:04 p.m.

Present

Dennis Plautz, Board Chairperson Jim Halverson, Board Vice Chairperson* Mari Bunney* Chris McKee*

Absent
Mackenzie O’Hair

Others Present
Matt Rasmussen, Administrator, City Development Board Betty Hessing, Administrative Assistant, City Development Board Emily Willits, Iowa Department of Justice Vicky Clinkscales, IT Department, IEDA John Fatino, Whitfield & Eddy Law, City Attorney for Van Meter Julie Gould, Planner, City of Ames Brad Deets, City Administrator, City of Waukee Andy Kass, Community Development Director, City of Waukee Frank Smith, Attorney representing RWRAA, Inc. & GW Development LC* Linda Murken, Story County Board of Supervisors* Jeff Tucker, Liberty Ready Mix* Eric Richardson, Legislative Services Agency* Nathan Aronson, IDOT* Lori Judge, IDOT* Anthony Volz, IDOT* Sarah Ames, Guest* Nate, Guest*
*Participated via Teams Webinar

Introduction by Chairperson, Dennis Plautz

Roll Call by Matt Rasmussen, Board Administrator

A quorum was established.

Approve Agenda
Motion by
Jim Halverson
Motion
Move approval as presented.
Second
Mari Bunney
Roll Call
All ayes. Motion approved.

Consideration of March 9, 2022 Business Meeting Minutes
Motion by
Jim Halverson
Motion
Move approval as presented.
Second
Mari Bunney
Roll Call
All ayes. Motion approved.

Old Business
NC22-10 Van Meter
Matt Rasmussen stated this 80/20 petition for Van Meter came before the City Development last month. On March 29th we received a “Motion to Delete Territory from Pending Proposed Annexation”. The Administrative Code provides for a fourteen-day period after which that motion is made and the Board notices the parties. The fourteen days expired on Tuesday of this week and we received no resistance to the motion. Mr. Rasmussen stated after he and Van Meter’s City Attorney discussed the motion and the City of Van Meter amended their motion, so that is what is before you today. The motion contains two maps—the first map shows the River Hills parcels and the IDOT right-of-way and the second map shows the River Hills parcels, the IDOT right-of-way on I80, some of the railroad right-of-way and the LEH parcels which were all removed. Matt Rasmussen commented that on the map, they show the Iowa Veterans Cemetery property as non-consenting, but that is public property and is not considered in the calculations. They are well under the 20% for the 80/20 rule. Chairperson Plautz asked if representatives from Van Meter would like to add any comments and Mr. Fatino replied that Mr. Rasmussen adequately explained where we are with the Van Meter annexation. It would be Exhibit B1 in the packet which shows the most current contemporaneous view of the 80/20. Chairperson Plautz asked if Board members had questions and no one did. Chairperson Plautz asked if anyone else in attendance had a question or comment. Frank Smith, Attorney representing RWRAA, Inc. & GW Development LC, stated Mr. Rasmussen has accurately summarized what has been represented and agreed to and we support the Board’s approval of the motion. Matt Rasmussen stated that Frank Smith did file a “Waiver of all Objections to Van Meter’s Amended and Substituted Motion to Delete Territory from Pending Proposed Annexation”. Mr. Fatino stated the City had not received any communication objecting to the motion either.

Chairperson Plautz asked if the Board had any questions or comments or if they would like to make a motion.
Motion by
Jim Halverson
Motion
I move the Board approves the Motion to Delete territory from the pending proposed annexation for Van Meter, NC22-10.
Second
Chris McKee
Roll Call
All ayes. Motion approved.

New Business
UA22-12 Waukee
Matt Rasmussen explained this was a 100% voluntary annexation proposal for the City of Waukee consisting of approximately 230 acres.
The City has seen significant growth within this area of the community. Growth consists of a new high school, a new youth sports complex and the Waukee Community School District is currently building a new middle school and natatorium on the property located directly south of the area proposed to be annexed. Additionally, there is a significant number of new single-family and multi-family homes being built to the south and east of the proposed annexation. Existing use of the property is for agricultural purposes. One homestead is included within the property, which consists of approximately 4.5 acres. It is anticipated that a majority of the property proposed to be annexed will be developed for additional residential units over the next five to ten years. The property will be annexed into the City with a designated zoning classification of A-1 Agricultural District. The City has recently completed a neighborhood master plan for this area. As the property develops, the property will be rezoned to conform with the intended use. Both sanitary sewer and public water main are located directly south and east of the proposed annexation and will be extended as development within the area commences. The Waukee Fire & EMS Department already serve the area proposed within the annexation. Upon completion of the annexation, the City's Police Department would be responsible for patrolling and responding to the area. Both departments are equipped to handle this additional area within the Waukee City limits. The proposed annexation territory is subject to an existing moratorium agreement with the City of Urbandale and this is within that moratorium agreement. Matt Rasmussen stated this annexation appears to be complete and properly filed. Brad Deets, City Administrator for Waukee, was present to answer questions; no questions were asked.
Motion by
Chris McKee
Motion
I move the Board finds UA22-12 as complete and properly filed and in the public interest and that it be approved.
Second
Mari Bunney
Roll Call
Note: Jim Halverson dropped-off the call for a brief time but got back on and participated in the roll call vote. All ayes. Motion approved.

UA22-13 Ames
Matt Rasmussen explained this was a 100% voluntary annexation proposal for the City of Ames consisting of 109.04 acres. Right-of-way is included in this annexation. The parcels are currently used for row crops. It is intended for the site to be used for residential and commercial purposes. Prior to initiating the annexation, the site was the subject of a Land Use Policy Plan and Ames Urban Fringe Plan amendment to allow for this annexation. City Council approved an amendment in November 2017 to designate the area as an Urban Service Area in the Fringe Plan and as Urban Residential with a Commercial Node as part of the North Allowable Growth Area of the LUPP. The LUPP identified it as "New Lands" within a non-incentivized growth area. Upon annexation, the site could be developed as suburban low-to-medium density development or a village development. The 2017 amendment also approved a convenience commercial node that would allow up to ten acres of commercial land for local-serving commercial uses and encouraged the City to provide storm water quality improvements related to flood and nutrient reduction adjacent to Ioway Creek.
The site will be served with City utilities with the exception of water. The proposed annexation is presently within Xenia Rural Water service territory and will remain so upon annexation. This is the first area to be proposed to be annexed consistent with the recently adopted City of Ames and Xenia Rural Water Service Agreement. With the recent approval of the Xenia agreement, the initial direction from City Council is for the developer to buyout the water territory rights so City service may be provided, is no longer applicable. The pre-annexation agreement only acknowledges the requirements of the Xenia agreement for the developer to install infrastructure that meets City standards and does not have territory buyout requirements. City Council initiated the annexation at its October 9, 2018 meeting with condition for the pre-annexation agreement addressing three issues: 1) water service, 2) traffic impacts and 3) sanitary sewer capacity. This annexation territory is not subject to a moratorium agreement. There is secondary road right-of-way included with the annexation. Matt Rasmussen stated this packet appears to be complete and properly filed. Julie Gould, Planner for the City of Ames, was present to answer questions; no questions were asked.
Motion by
Mari Bunney
Motion
I move the Board finds UA22-13 as complete and properly filed and in the public interest and that it be approved.
Second
Chris McKee
Roll Call
All ayes. Motion approved.

Staff Reports
Matt Rasmussen stated we have six annexation requests for the May City Development Board meeting and we have the Van Meter 80/20 public hearing at 1:30 p.m. Mr. Rasmussen stated Dennis Plautz and Chris McKee were both re-appointed by Governor’s Office and the Iowa Senate to remain on the City Development Board. Chris McKee suggested we move the Van Meter public hearing to 2:00 p.m. instead of 1:30 p.m. since we have six annexations on the agenda. After discussion, they scheduled the Van Meter public hearing for 2:00 p.m. Emily Willits gave an update on the Mount Union matter. The Johnsons did file a petition in Henry County District Court challenging the Board’s decision not to adjudicate their defamation claim. Emily Willits filed a resistance to that—both on procedural grounds and also on the merits—reiterating all the reasons the Board declined to adjudicate their claim. That is sitting in the Henry County Court docket and the Court has not scheduled a hearing on it. Ms. Willits stated that she will keep the Board updated on this matter and if anyone would like to see the filing, she would be happy to E-mail to you. Emily Willits stated she will not be at the May CDB meeting, so Alan Nagel will be attending in her place and he can give an update on the Mount Union matter, if there is one.

Future Meeting/ Public Hearing
May 11, 2022, at 1:00 p.m., City Development Board Business Meeting at IEDA, 1963 Bell Ave., Suite 200, Helmick Conference Room, Des Moines or via Teams Webinar. May 11, 2022, at 2:00 p.m., Van Meter (NC22-10) Public Hearing at IEDA, 1963 Bell Ave., Suite 200, Helmick Conference Room, Des Moines or via Teams Webinar.

Adjourn
1:25 p.m.
Respectfully Submitted,
Betty Hessing City Development Board Administrative Assistant

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