West Des Moines council tables Hidden Estates sewer approval after developer raises access concerns

The West Des Moines City Council on Jan. 21 voted to table consideration of a resolution authorizing construction of sanitary sewer improvements for the Hidden Estates, Phase 1 subdivision after a nearby property owner and developer told the council the project could block access to his land.

The developer, David Harmeyer, who identified himself as representing Vista Real Estate, told the council the proposed sewer alignment and the absence of an easement could leave his adjacent 80-acre parcel undevelopable if the Hidden Estates developer (referred to in the meeting as NAPS) does not cooperate. "We cannot ever develop it," Harmeyer said, describing multiple years of unsuccessful attempts to secure access and noting NAPS controls about 1,200 acres near the site.

Why this matters: Council members said the sewer is a significant infrastructure piece — one councilor described it as "3,700 feet of trunk sewer" — and that approving construction without resolving access or easement questions could preclude development of neighboring property. Council members who supported a short delay said they wanted engineers to confirm pipe depth, location and whether easements or other protections were part of the project record before the city effectively authorized construction.

Council response and next steps

Councilman Hudson moved to table the resolution to the council's Feb. 3 meeting; the motion was seconded and the council voted 4-0 to table. Council members said the two-week pause would give staff time to share engineering details with Harmeyer and to explore whether the city or its development partners can convene the parties to negotiate access. "This gives us a chance to talk," one councilor said during the dais discussion.

What was said

David Harmeyer, Vista Real Estate, described the history and the stakes: "We cannot ever develop it. So I'm asking for this item to be tabled so that we can ask you guys to please get NAP properties to the table to discuss a reasonable solution for us to develop our property." He said his firm and a neighboring owner have been seeking cooperation for roughly two-and-a-half to three years and that the sewer plan arrived that afternoon.

Council members pressed staff and described the limited tools the council has to compel a private landowner's cooperation. Councilman McKinney said he would be "comfortable tabling that for 2 weeks" to gather more information, and another councilor asked staff to clarify "what our abilities are and aren't" so the council can be better prepared at the Feb. 3 meeting.

Officials' clarifications and technical points

A council member noted the resolution before the council would authorize construction of the sewer but would not automatically grant the developer rights to build or plat the subdivision, nor would it itself create easements across adjacent private parcels. Harmeyer told the council the staff-provided packet did not include a proposed easement to allow access across the Hidden Estates property to his parcel.

Votes at a glance (items considered Jan. 21)

- Item: Consent agenda (remainder, excluding pulled items). Outcome: Approved. Vote: 4-0. - Item 4H: Resolution authorizing construction of public improvements, Hidden Estates Phase 1 sanitary sewer. Outcome: TABLED to Feb. 3, 2025. Motion to table: Councilman Hudson; second: (second stated from the dais). Vote: 4-0 to table. - Item 4N: Resolution to void Ordinance Nos. 2,626 and 2,642 (West Grand Business Park PUD amendment). Outcome: Approved. Vote: 3 yes, 1 abstention (abstention recorded as "potential conflict of interest"). - Park regulations ordinance (Title 7 amendment): Second reading adopted, third reading waived and ordinance adopted in final form. Outcome: Adopted. Vote: 4-0. - Item 6A: Rezoning (Soteria Church, 3250 SE Soteria Ave.). Outcome: First reading approved. Vote: 4-0. - Item 6B: Conveyance of part of Lot 4, West Des Moines Water Works, to Board of Water Works Trustees. Outcome: Approved. Vote: 4-0. - Item 6C: Acquisition of agricultural property for E. Petrieu Parkway and Bridgewood Blvd. Outcome: Approved. Vote: 4-0. - Item 6D: Acquisition for Southwest Cary Street and Woodland Avenue. Outcome: Approved. Vote: 3 yes, 1 abstention (abstention recorded on the dais; reason noted as related-party). - Item 7A: Major site-plan modification (Airport Baptist/Soteria Church, building addition). Outcome: Approved (conditions noted). Vote: 4-0. - Item 7B: Major site-plan modification (West Des Moines Water Works distribution shop). Outcome: Approved. Vote: 4-0. - Item 7C: Plat of survey (parcel creation, Julian Estates). Outcome: Approved (conditions noted). Vote: 4-0.

The council's Feb. 3 agenda will include the Hidden Estates sewer resolution again, per the motion to table. Council members said they hope staff, the developer who raised concerns and representatives of the Hidden Estates project will meet in the intervening weeks so engineering questions and potential easement or access options can be clarified.