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City Development Board Minutes - October 2021

State of Iowa City
Development Board
Meeting Minutes of October 13, 2021
Iowa Economic Development Authority
1963 Bell Avenue, Suite 200
Des Moines, Iowa

Call to order 1:04 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* Vicky Clinkscales, IT Department, IEDA Lori Judge, IDOT* Anthony Volz, IDOT* Karla Wetzler, City of Webster City* David Stein, Stein Law Firm, Representing City of Milford* LeAnn Reinsbach, City Administrator, City of Milford* Seth Gunnerson, City of Cedar Rapids* Kurt Frederes, City of Orange City* Eric Richardson, Legislative Services Agency* Michael Jensen* 530080020# (Unknown Guest)* Michael@buygreatlakes.com (Unknown Guest)*
*Participated via Teams Webinar

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 September 8, 2021, Business Meeting Minutes
Motion by
Jim Halverson
Motion
I move the Business meeting minutes of September 8, 2021, be approved as printed and distributed.
Second
Chris McKee
Roll Call
Bunney-yes, O’Hair-yes, McKee-yes, Halverson-yes, Plautz-abstain because he was not at September 8th meeting. Motion approved.

New Business

NC21-26 Webster City

Matt Rasmussen explained this was an 80/20 annexation proposal for the City of Webster City. Dr. and Mrs. Eduardo Reveiz, owners of Reveiz Farms, Inc., submitted an application for annexation to the City of Webster City. The proposed annexation area consists of one single-family dwelling, plus tillable and nontillable land. The area is a targeted growth area for residential development on the Future Land Use Map in the City’s Comprehensive Land Use Plan.

The existing single family dwelling that is being included in this annexation territory currently has a well and septic tank. They are receiving their electricity from the Webster City Municipal Electric Utility. Water and sewer mains are currently located to the north on Wall Street and water is currently located on the east on Beach Street, all accessible to said property owner. The territory is not subject to an existing moratorium agreement. State and county-owned right-of-way is included in this annexation.

Matt Rasmussen explained that when the packet was originally submitted by Webster City, it included two non-contiguous territories. One of the non-contiguous territories was 100% voluntary and the other was an 80/20 type of annexation. Mr. Rasmussen explained that he had them split those two territories. The 100% voluntary was not in an urbanized area so it did not require City Development Board approval. The other territory that is this 80/20 piece that’s before the Board today. In the interest of time and in order to avoid duplication on the City’s part, Mr. Rasmussen had them include the same materials in the application and cross out those areas that did not apply to today’s proceeding. When you are looking at the material, you will notice that some of those X’ed out materials do not apply to this annexation—the legal description specifically. If you look at the map towards the back of the packet, you can see where those two territories are. This territory is more inward, towards the city and it obviously includes the non-consenting piece of ground. Mr. Rasmussen reported the packet does appear to be complete and properly filed.

Karla Wetzler was present with the City and she thanked Mr. Rasmussen for his assistance with these two annexations. Chairperson Plautz asked if their were any questions for the City and no questions were asked.
Motion by
Jim Halverson
Motion
I move the Board find NC21-26 as complete and properly filed and that a date for a public hearing be scheduled.
Second
Chris McKee
Roll Call
All ayes. Motion approved. A public hearing was scheduled for December 8th at 1:30 p.m.

UA21-28 Milford
Matt Rasmussen introduced this two-acre annexation request for the City of Milford as being a 100% voluntary within the urban areas of Arnolds Park and West Okoboji. It will be used as a development which will help achieve economic development in the City of Milford. Services to be provided to the proposed annexation territory include water, sewer, fire, police and street maintenance. The territory is not subject to a moratorium agreement and the packet appears to be complete and properly filed. David Stein, attorney representing the City of Milford, was in attendance to address the Board and answer questions. LeAnn Reinsbach, City Administrator for the City of Milford, was also present. No questions asked.
Motion by
Jim Halverson
Motion
I move the Board find UA21-28 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.

UA21-29 Cedar Rapids
Matt Rasmussen introduced this 100% voluntary annexation proposal to the City of Cedar Rapids. The proposed annexation is located south of Echo Hill Road and east of C Avenue NE and is contiguous to the Cedar Rapids city boundary. The current use is agricultural and low density residential. The Future Land Use Map designation for the property is Urban Low and Medium density, which would be suitable for a number of residential and commercial uses. The application was reviewed by all City Departments. No concerns with municipal services were raised. The site is adjacent to the City limits and therefore near existing service areas for all city services. The area to be annexed is subject to an active annexation moratorium agreement with the City of Marion and an expired agreement with the City of Robins. Cedar Rapids does not have an annexation agreement with the City of Hiawatha. Mr. Rasmussen commented that if you look at the map that shows a circled area, there is a 50-foot corridor that has been left unannexed to allow for the avoidance of the creation of an island. Mr. Rasmussen reported this annexation packet does appear to be complete and properly filed. Seth Gunnerson with the City of Cedar Rapids was present to answer questions. No questions were asked.
Motion by
Jim Halverson
Motion
I move the Board find UA21-29 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.

UA21-30 Cedar Rapids
Matt Rasmussen stated this was a 100% voluntary annexation petition for the City of Cedar Rapids consisting of 33.01 acres. This annexation is consistent with the City's Future Land Use Map (FLUM) laid out by EnvisionCR, the City's comprehensive plan which was developed incorporating the State's Smart Planning Principles. The City’s Future Land Use Map identifies the land to be annexed as "Urban Medium Density", which the Comp Plan and the Zoning Code identify as being suitable for a variety of residential and commercial uses. The application was reviewed by all city departments. No concerns with municipal services were raised. The site is adjacent to the City limits and therefore near existing service areas for all city services. The area to be annexed is not subject to an annexation moratorium agreement with the City of Shueyville, which is the city within the urban territory of this annexation. Matt Rasmussen reported this annexation packet appears to be complete and properly filed. Seth Gunnerson with the City of Cedar Rapids was present to answer questions. Chris McKee stated that it looks like there is a lot of undeveloped land currently on that side of Cedar Rapids. Has that been exhausted as far as development, that you need to add this? Seth Gunnerson explained that area of town is a very active growth area and referred to maps to explain further.
Motion by
Mari Bunney
Motion
I move the Board find UA21-30 as complete and properly filed and in the public interest and that it be approved.
Second
Chris McKee
Roll Call
All ayes. Motion approved.

UA21-31 Orange City
Matt Rasmussen introduced this 100% voluntary annexation petition for the City of Orange City consisting of 31.95 acres. When developed, the property will be considered a Commercial Business Park. This proposed future use does conform to the City of Orange City’s Comprehensive Land Use Plan as future commercial property. The City of Orange City requires the developer to install sanitary sewers, storm sewers and concrete streets with curb and gutter. The City will provide municipal natural gas, potable water, trash pickup, police and fire protection. Electricity will be provided by MidAmerican Energy. Telecommunications is provided to the area by Frontier, Premier and Long Lines Communication Centers. The City will also be installing adequately sized water mains to provide for fire hydrants. The annexation territory is not subject to an existing moratorium agreement. Matt Rasmussen reported this packet does appear to be complete and properly filed. Kurt Frederes, representing the City of Orange City, was present to explain further and answer questions. No questions were asked.
Motion by
Mari Bunney
Motion
I move the Board find UA21-31 as complete and properly filed and in the public interest and that it be approved.
Second
Jim Halverson
Roll Call
All ayes. Motion approved.

Staff Reports
Matt Rasmussen suggested we skip the November meeting and have our next City Development Board meeting on December 8th, since a couple Board members were going to be absent. If any city had an urgent need to get an annexation approved, we would make accommodations. Emily Willits gave an update on the Mount Union matter. We are working on getting that remanded back to the Board in light of the various court decisions. We got a Remand Order from the Court, but it had some language in it suggesting that they were remanding for the purpose of the Board considering this defamation claim and hearing evidence, so Emily asked for some clarification from the Court to clarify that we are remanding to decide what to do next; she’s waiting on that Clarifying Order. It could possibly be on December’s agenda.

Future Meeting/ Public Hearing
December 8, 2021, at 1:00 p.m., City Development Board Business Meeting at IEDA, 1963 Bell Ave., Suite 200, Des Moines or via Teams Webinar.
December 8, 2021, at 1:30 p.m., Webster City Public Hearing (NC21-26) at IEDA, 1963 Bell Ave., Suite 200, Des Moines or via Teams Webinar.

Adjourn
1:44 p.m.

Respectfully Submitted,
Betty Hessing, Administrative Assistant

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