Commission on Urban Planning, Growth Management of Cities, and Protection of Farmland Minutes
	August 19, 1998 Fifth Public Hearing of 10

MEMBERS PRESENT

MEETING IN BRIEF

Minutes prepared by Susan Crowley, Legal Counsel
Organizational staffing by Tim McDermott, Legal Counsel

1. Procedural Business.
2. Citizen Comments.
3. Attachments.

COMMISSION BUSINESS

1. Procedural Business.

Call to Order.The fifth public hearing of the Commission on Urban Planning, Growth Management of Cities, and Protection of Farmland was called to order by Co-chairperson Senator Mary Lundby at 6:10 p.m. at the State Historical Building in Des Moines, Iowa.

The public hearing was adjourned at 10:00 p.m.

Also present at the meeting were Representative Steve Richardson, Des Moines Mayor Preston Daniels, and Des Moines City Council members Christine Hensley and Chris Coleman. There were nearly 100 members of the public in attendance.

Opening Remarks. Co-chairperson Lundby presented an overview of the Commission's charge and introduced the public officials present at the hearing. She asked that speakers try to limit their comments to five minutes. She announced that Mr. Reinders and Mr. Zisoff would be conducting the hearing. At Mr. Reinders' direction, each Commission member introduced themselves.

2. Citizen Comments.

Norman Johnson - Eminent Domain and Condemnation. Mr. Johnson stated that he is a resident of Altoona. Though recognizing the need for condemnation of property by eminent domain, Mr. Johnson criticized its use by the Iowa Department of Transportation's Highway Commission, particularly the process by which appraisals of property are obtained.

Jim Judkins - Land Use Initiatives. Mr. Jim Judkins of Gilman, Iowa, praised establishment of the Commission and urged Commission members to study and consider various land use initiatives described in articles published by American Farmland Trust.

Murray McConnell - Annexation. Mr. McConnell, Director of Planning and Development for Dallas County, described a study conducted by the county on land use policies of cities located in Dallas County. The thrust of the study is that cities in Dallas County have annexed eight times as much land as is needed to meet population growth potential through the year 2015. He stated that not only will much of the population growth be, in actuality, merely a shift of population from the urbanized metro area, but much of the land being developed, particularly for roads and highways, is prime agricultural land. Mr. McConnell noted that the county is concerned but can do little because the county has no standing as it relates to the annexation law.

Mayor Preston Daniels - Land Use Planning. Des Moines Mayor Preston Daniels stated that the State needs to address the issue of land use planning because planning preserves natural resources and agricultural land while allowing for new development and growth. He advocated development of a statewide land use plan with local growth strategies, including the ability for metropolitan growth areas like the Des Moines metro area to establish urban growth boundaries, with the Oregon law used as a model for such statute. Mayor Daniels asserted that, while traditional monetary development incentives are helpful tools for cities, the incentive to rehabilitate existing urban areas created by disallowing development on open land may be just as effective but cost less.

Ms. Christine Hensley - Land Use Planning. Des Moines City Council Member Christine Hensley stated that responsible planning and appropriate use of growth management tools curb urban sprawl. She stated that legislation requiring a bifurcated vote on involuntary annexations would be detrimental to Iowa's communities. She commented on efforts by the City of Des Moines to involuntarily annex 14 square miles to the south and east of Des Moines. Ms. Hensley stated that government entities' powers of eminent domain and condemnation should be protected. Ms. Hensley recommended that the powers and duties of the City Development Board be expanded to aid in governments' understanding and use of growth management tools.

Mr. Chris Coleman - Des Moines Annexation. Des Moines City Council Member Chris Coleman commented on efforts by the City of Des Moines to involuntarily annex 14 square miles to the south and east of Des Moines. He stated that the intent of the Council in seeking to annex the agricultural preservation area (later removed from the annexation petition) was to suspend development and provide farmland protection. He submitted a letter to the Commission prepared by the Des Moines City Council Legislative Subcommittee which, he hoped, would give the Commission members a better understanding of that particular involuntary annexation situation as the Commission considers Iowa's annexation law in general.

Mr. Eric Anderson - Des Moines Annexation. Des Moines City Manager Eric Anderson took this opportunity to address and clarify some issues that arose regarding the Des Moines annexation proposal at a prior Commission public hearing. Communication between Warren County and the cities of Norwalk, Indianola, Carlisle, and Des Moines has occurred, he stated. The group has discussed a symposium on growth management techniques as a way to address issues that arise as growth extends south of Des Moines. Mr. Anderson cited the Warren County comprehensive plan to show that Des Moines' planned growth south and east of the city is consistent with the projections contained in the county's comprehensive plan.

Ms. Teva Dawson - Urban Revitalization. Ms. Dawson stated that she is a resident of Des Moines. She asked the Commission members to support efforts by cities to include landscaping, parks, and recreational facilities as a necessary part of urban development and revitalization. She supports the idea of urban growth boundaries to manage growth. She also stated that mass transportation, good jobs, and essential area businesses, such as grocery stores and medical clinics, are important to quality of life.

Representative Steve Richardson - Land Use Issues. Representative Richardson stated that he is a resident of Indianola and represents northern Warren County. He stressed the need for revisions in the property tax system that would encourage development of vacant or underused city property. Representative Richardson expressed concern about recent legislation which, if enacted, would remove cities' ability to zone agricultural property within two miles of a city, about proper use of tax increment financing and tax abatements as development tools, about some land management tools interfering with private property rights, about the use of state mandates to control development, and about current implementation of Iowa's annexation law and whether it was intended to allow some of the annexations that are occurring.

Mr. Dick McPherson - Legislative Initiatives. Mr. McPherson introduced himself as a farmer from rural Warren County and chairperson of the Iowa Rural Rights Association, an organization opposed to the involuntary annexation by the City of Des Moines of property south and east of the city. Mr. McPherson spoke in support of legislation requiring a bifurcated vote on involuntary annexations, and also in support of a general overhaul of Iowa's annexation law and legislation requiring all cities and counties to develop land use plans.

Mr. David Thelen - Development Concerns for Families. Mr. Thelen stated that he is a resident of Norwalk. He noted three areas of concern regarding land use and development: a) housing developments are not user-friendly for children; b) commercial developments near residential areas, e.g., strip malls, should be more family-friendly by providing establishments for parents in close proximity to those for children; and c) the design features currently being used in developments create an impersonal feeling among communities and families.

Ms. LaVon Griffieon - Farming and Development. Ms. Griffieon stated that she is a resident of a farm north of Ankeny. She spoke of life as a farmer surrounded by ever-encroaching development. She spoke of the pressures on farmers to sell their land at high prices to developers. Agriculture is the highest and best use for Iowa soil, she asserted, and it is necessary for Iowa's farm economy that we treat soil as the nonrenewable resource that it is. She supports the use of urban growth boundaries as a solution to urban sprawl.

Richard Guffy - Comprehensive Plans. Mr. Guffy stated that he is a resident of Des Moines. He said that the common theme at the hearing is concern over lack of a comprehensive, managed plan for development. The lack of such a plan has caused dissension among people and between communities. He supports urban growth boundaries or urban service areas.

Mr. Roy Overton - Land Use and Water Quality. Mr. Overton stated that he is a retired physician and volunteer lobbyist for the Izaak Walton League. Mr. Overton said that he supports land use studies, a state-funded water quality study, more water testing by the Department of Natural Resources, manure planning and increased fines for spills, a moratorium on hog confinements, and preservation of natural resources unique to Iowa.

Mr. Dale Brentnall - Sustainability of Farms and Communities. Mr. Brentnall, a resident of Ames, stated that ensuring the sustainability of Iowa's farmland and the communities around the state is a goal that he supports and that is supported by the Izaak Walton League. He advocated the convening of a summit on community-based planning and the participation of both citizens and government officials in public meetings on that subject.

Ms. Ruth Ann Petrak - Land Use Policy. Ms. Petrak stated that she is a resident of Des Moines. She expressed concerns about suburban growth and the future of her family's century farm and the urban development that is encroaching. She favors a statewide comprehensive land use policy, including the use of urban growth boundaries.

Mr. Thomas Matthews - Land Use Policy. Mr. Matthews stated that he is a resident of West Des Moines. Mr. Matthews supports the concept of a comprehensive statewide land use plan mandating that each city develop urban growth boundary lines. Stating that government has the right to impose regulations on land use for the greater good of the community, he supports the use of purchase of development rights in limited circumstances. The State needs to study the effect of transportation on urban sprawl and also needs to impose strict controls on hog confinement development, he said.

Mr. Larry James, Jr. - Land Use Policy. Mr. James stated that he is a resident of Des Moines. He supports the use of urban growth boundaries, and also supports studying Maryland's "Smart Growth" legislation, which encourages development where there is existing infrastructure and prohibits the use of state funds for development outside those areas. Mr. James also expressed concern about the widening of Interstate 235.

Mr. Larry Harryman - Jefferson County Development Projects. Mr. Harryman stated that he is a resident of Lockridge in Jefferson County. Mr. Harryman chronicled his experiences as a citizen trying to be informed of, and involved with, different development projects being planned in his city and county and involving the use of tax dollars.

Mr. George Hass - IDOT and Condemnation. Mr. Hass stated that he is a resident of Bouton. Mr. Hass detailed his personal experiences with the Iowa Department of Transportation (IDOT) and road building in his area. He expressed concern about IDOT's process of eminent domain and condemnation of tillable farmland. He recommended that a legislative interim study committee be created to study the condemnation practices of the IDOT.

Mr. John Kujac - Quality of Life. Mr. Kujac stated that he is a resident of northwest rural Polk County. He spoke of his experience as an architect working in Iowa and how he made the choice of lifestyle and quality of life over job considerations when he and his wife chose to live in Iowa, and how that has been a good choice, both personally and professionally. As an architect, Mr. Kujac stated he has been involved in metro reclamation projects and he spoke of the value of those projects in terms of the economic ripple effect that rehabilitation has been identified nationally as creating.

Mr. Rick Tollakson - Real Estate Development. Mr. Tollakson stated that he is a resident of Ankeny. He attended the meeting, he said, to find out what urban sprawl is and to give people the perspective of the developer. As a real estate developer, Mr. Tollakson responds to the marketplace demand for large houses on large lots. He asserted that all of the farmland that he has bought has been sold voluntarily. Most of that land, he stated, was owned by out-of-state residents when he bought it. As a developer, he provides residential areas that will attract employees whose businesses want to locate here. He stated that his company tries to provide greenbelts and recreational areas, but realizes they cannot be put everywhere because they use up ground. His company is also involved with redevelopment in downtown Des Moines. However, it is cheaper to build new than to redevelop, he said. Mr. Tollakson voiced opposition to urban growth boundaries because they restrict the marketplace.

Mr. Tom Ross - Eminent Domain. Mr. Ross stated that he is a resident of Des Moines who supports responsibly managed growth. The State should consider use of urban growth boundaries and agricultural preservation zones, he said. Mr. Ross described two kinds of eminent domain: that done to condemn land for roads, parks, and other things for common use by the public; and that taken to transfer title to another private landowner for development. It is an abuse of the public trust, he said, for government to take private property from one landowner and transfer it to another private landowner because the second landowner will pay more property taxes.

Mr. Hank Bechtel. Mr. Bechtel stated that he is a resident of Des Moines in north rural Polk County. He spoke of concerns with government leadership in the City of Des Moines. He also expressed concern about the Des Moines Waterworks and the amount of control exerted by that facility and its impact on the provision of water to rural areas in and around Des Moines.

3. Attachments. (available upon request from Legislative Service Bureau)

a. List of speakers.

b. List of attendees.

c. Written statement of Ms. Lavon Griffieon.

d. Written statement and handout from Mr. Jim Judkins.

e. Letter and handout from Mayor Preston Daniels and Councilpersons Hensley and Coleman.

f. Written statement and handout from Mr. Eric Anderson.

g. Written statement from Mr. Dick McPherson.

h. Handout from Mr. George Hass.

i. Handout from Mr. Dale Brentnall.

j. Written statement from Mayor Preston Daniels.

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