Developers Council

Goals and Accomplishments

The primary goal of the Developers Council of HBA is to keep developers apprised of issues affecting development in the Greater Des Moines area, to represent the Council before the various municipal and state councils and agencies that impact commercial and residential development and to commence legal action on behalf of all developers when deemed appropriate. To that end, the Developers Council has:

1. Addressed city councils on ordinances:
   • The Developers Council drafted a proposed ordinance to satisfy the storm water construction requirements imposed on all cities in 2006. Virtually all of the cities accepted and used the operative language requested by the Developers Council;
   • We drafted a proposed ordinance for the post-construction storm water ordinance which will be passed by all cities in 2007. To date, all cities have indicated that they intend to use our draft ordinance as the basis for their post-construction ordinance. The Developers Council has been asked by one city to draft the “Maintenance Agreement” that the city intends to require the developers to sign prior to commencement of a development;
   • We objected to Indianola’s draft park fee ordinance. Indianola chose not to go forward with the draft ordinance;
   • We objected to “water development fee” and “sanitary sewer development fee” ordinances in Pleasant Hill, Altoona and Waukee. Although each city passed their ordinance, Altoona reduced its fees and the cities are aware that the Developers Council may commence litigation to challenge the fees;
   • We have contacted every city council in the Greater Des Moines area and requested them to inform the Council any time consideration is being given to any action that could affect development in their city. The cities are now contacting us whenever ordinances or policies regarding development are placed on the agenda.
2. Litigated matters of importance:
   • The Council successfully litigated HBA v. City of West Des Moines to the Iowa Supreme Court. The Court rules that a park fee was an illegal impact fee and could not be charged to the developer. The ruling applied state-wide. The decision has saved developers tens of thousands of dollars per plat in development fees;
   • We successfully litigated HBA v. City of Johnston through judgment on the pleadings. The Court found that a park fee “in lieu of” land dedication was illegal;
   • We successfully litigated HBA v. City of Waukee through judgment on the pleadings. The Court found that a park fee “in lieu of” land dedication was illegal;
   • The Council is currently litigating Silverstone v. City of Johnston challenging the ability of a city to require a developer to pay a fee of $142/lineal foot for the cost of improving the street adjacent to the plat;
   • The Council will consider other potential litigation, particularly relating to illegal impact fees, as is deemed appropriate. Currently, litigation relating to water and sewer development fees are being considered.
3. Undertaken political activities:
   • The Developers Council has requested city council candidates to appear before it to discuss their position with regard to developers’ issues;
   • We have actively encouraged our members to support candidates that understand the developers’ issues;
   • The Council will continue to recruit candidates for City Councils, Planning and Zoning Commissions and Boards of Adjustment so that the developers’ viewpoint can be represented and heard;
   • We have spoken with members of the Iowa legislature regarding the use of illegal impact fees by the cities;
   • The Council has had discussions with EPA regarding enforcement of the storm water regulations and penalties assessed under the regulations.
4. Undertaken educational activities:
   • The Council participated in an Iowa study that established that cities that encourage growth will realize a significantly greater increase in the appraised value of its existing homes over those cities that are not growing. The study established that those cities promoting growth benefit from a substantial increased tax base not only on the new structures, but also on the increased value of existing structures;
   • We are currently obtaining information from all of the cities relating to the cost to develop and the cost to build in each city. The study will break down the various fees and expenses incurred at the development stage and at the building stage to show a comparable cost to develop and build a similar structure in each of the cities;
   • At the request of the cities of Johnston and Pleasant Hill, we participated in a storm water workshop to educate builders and developers in those cities of the new storm water ordinance.
   • The Developers Council produces a monthly newsletter to keep members up to date on all current issues and the status of the various projects being undertaken by the Council. It is also a forum for members to be heard by the entire development community;
   • From time to time, the Developers Council issues press releases or sends letters to the editor to help educate the public on the issues confronting developers;
   • The Developers Council meets monthly to discuss issues of current interest, proposed legislation, draft ordinances, the desire to commence litigation and to discuss political races;