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Chairperson Stutsman called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:10 a.m. Members present were: Pat Harney, Mike Lehman, Terrence Neuzil, Sally Stutsman, and Rod Sullivan.

Mayor’s Youth Empowerment Program Director Cokie Ikerd explained that the Mayor’s Youth Empowerment Program was formed in 1968 as a Federal Initiative to encourage cities to work with youth on summer employment options. As the need grew the program has grown into a year round program. At that time they were considered a quasi-department of the City of Iowa City. In 1996 the Board of Directors felt that it would be in the best interests of Mayors Youth to seek out and form a 501.c.3 non-profit to seek out more grant options. They will soon be moving to Pepperwood Plaza. The Mayor’s Youth Empowerment Program’s mission to statement is to provide advocacy and support to youth and their families to break barriers to independence. Most of their programs work one on one with young individuals. They provide summer employment, career counseling, life skills training, respite, SCL, and subsidized employment. She said that it is important to pay the subsidized wages so that youth can then get a job with a business in town. In FY 04 they worked with 163 individuals, and spent over $41,000 in youth wages and fringe benefits. Some young people aren’t on subsidized wages, but they will help them with online applications and interview techniques.

MYEP has started some collaborative efforts such as the Iowa City Community Bike project. The Iowa City Community Bike project gets people more interested in bikes. It also gets bikes for people who might need them for modes of transportation. Ikerd said that it was a good venture last summer that they will probably continue this summer. MYEP is also interested in the Workforce Investment Act Youth Advisory Council. The Council is working on a certification process for youth and young adults to help them find better matches for employment. MYEP recently received a youth mentoring grant. They’ve also submitted some grant proposals but haven’t heard back yet. They will be having a Fundraiser on May 25, 2005 at the new facility. The Board thanked Ikerd for her report on the duties of the Mayor’s Youth Empowerment Program.

Emergency Management Coordinator Tom Hansen asked that the Iowa Mutual Aid Compact Program agreement be approved. The Board agreed to put approval of the Iowa Mutual Aid Compact Agreement on a future formal agenda for approval.

Planning and Zoning Intern Michaela Jennings presented the Planning and Zoning 2004 Annual Report. Building permits slowed down in 2004 compared to 2003. In 2004 there were 303 permits, whereas in 2003 there were 325. There were 20 applications for rezoning in 2004, 15 of which were approved. The amount of land platted in 2004 was 504 acres. 28 of the applications were for farmstead splits of which the average size was 6.49 acres. In 2003 there were 734 acres platted. The vacancy rate stayed stable with 27.46% of buildable land being vacant. North Liberty annexed 239 acres. Oxford annexed some acreage. There were 12 applications for variances and 9 were approved. There were two special exceptions granted in 2004. There were eight conditional use permits approved. 14 out of 16 boundary use adjustments were approved. There were seven site plan applications, 6 of which were approved. The Planning and Zoning Department either signed or replaced 126 E911 addresses throughout the County. 55 oversized moving permits were issued. Six floodplain development permits were approved; three for wetlands, and three for wetlands.

Jennings presented an overview of 2004 Planning activities. One accomplishment was the finishing and adoption of the new Zoning Ordinance. The Economic Development Plan was adopted in the spring. Fringe Area Agreements with Cedar Rapids and Swisher were completed. They are working a GIS Building footprint database.

In 2005 the department is looking at drafting a comprehensive regional plan because the 1998 Land Use Plan is up for review. The Building Division is working on adopting the 2003 International Building Codes. They are looking at with Iowa City, Coralville, and North Liberty any possible updates on the Fringe Area Agreements. The GIS databases will be updated to reflect the new zoning classifications due to the new Zoning Ordinance. The Planning and Zoning Department will be working on creating and adopting a 28E agreement with Shueyville which will allow Johnson County to do their building inspections, like the County currently does with Swisher. Jennings showed the Board the updated Land Use Plan implementation schedule. Appendix C of the report shows the implementation schedule of the Land Use Plan. The Board thanked Jennings for presentation of the annual report.

County Engineer Greg Parker presented quotes received for a new 6-wheel drive motor grader manufactured by Volvo, model G726B. The Volvo will replace two Oshkosh trucks #19 (1993-6,004 hours) and #26 (1996-7,989 hours). Parker said that the total cost after trade(s) is $134,395.00. The Board thanked Parker for his report on the purchase.

Recessed at 10:05 a.m.; reconvened at 10:15 a.m.

Assistant Planning and Zoning Administrator R.J. Moore summarized the history of Land Use Plan in Johnson County, where Land Use Plan is at today in the County, and where Planning and Zoning would like to be. Johnson County adopted Zoning in 1960. As part of that zoning the County mass zoned 15,000 to non-agricultural uses, most of which was targeted for residential development. In 1977 the County adopted the first Land Use Plan. The first Land Use Plan was an excellent plan, but the Board of Supervisors and Boards until 1995 weren’t utilizing it as a tool for direction in making Land Use decisions. It also wasn’t very informative to the citizens who use it and were impacted by it.

Moore said that in 1979 the County developed the North Corridor Development Plan. The North Corridor Development Plan was a specific area Plan that was north of the Iowa City Coralville area and followed the Reservoir and river. The reason this was generated and adopted was because a large percentage of the pre-zoned ground was in that area, and the North Corridor is a unique area environmentally. There is some agricultural ground in the area but it also contains a lot of ground that contains a lot of environmentally sensitive areas that are highly prized. In 1983, in a response to growth and development, the County adopted a Right to Farm Ordinance. This Ordinance was an attempt to try to protect farming operations and uses from the encroachment from non-agricultural uses, and in particular from litigation, such as nuisance lawsuits.

In 1996 the Board of Supervisors began to see the need to have a plan that was useful. They decided that the current plan wasn’t being used. They then updated the North Corridor Development Plan to try to implement it. The original North Corridor plan had recommendations to adopt tools, which was never done. In 1998 the County adopted the current Land Use Plan. It was a two year effort in generating that plan. The 1998 Plan is Johnson County’s shared vision of where the County is and where they should go in the future as development is allowed in a growing environment. After a Land Use Plan comes the adoption of zoning tools and ordinances. The Zoning Ordinance is a tool that helps achieve the Land Use Plan policies. The County has some tools in place, some that are in the process of being implemented, and some tools to be explored. Tools that are in place include the Land Use Plan, the Unified Development Ordinance, Corn Suitability Rating (CSR), Land Evaluation Site Assessment (LESA), the Right to Farm Ordinance, Fringe Area Agreements, Clustered Subdivision Design Ordinance, and GIS.

Moore said that the Land Use Plan has land use strategies, area development policies, and an implantation schedule. The following areas are defined within the area development policies: agricultural rural area, North Corridor, fringe areas, cities, and incorporated villages. Moore presented a map depicting the areas. Moore said that the Board has to follow the adopted the Land Use Policies. The Board encourages adoption of ordinances supporting agricultural preservation goals, and the Board adopts those ordinances. The Board adheres to the fringe area agreements and continually updates them. Moore said that they’ve tried to educate the public and create a consensus about the shared vision as they move towards the future. The Board also has identified areas for non-agricultural development. Moore said that political will is the Board’s willingness to stay with the adopted policies. Moore said that the first couple of years after they adopted the Land Use Plan it wasn’t readily evident that they were achieving their goals. He said that as they move into the 6th year of having a Land Use Plan they are beginning to achieve the goals of the Land Use Plan by preserving agricultural uses and operations, directing growth, and maximizing resources.

Moore said that the Land Use Plan is a shared vision for the community that is adopted by the Board of Supervisors. Ordinances are the tools for achieving adopted goals. Moore said that if they were to do what they did in 1960 under normal circumstances, they would not mass zone like they did in 1960. They would identify growth areas like they have in the current plan and review each application for development on a case by case basis. They would then analyze the requests for development on the ability of the County and the areas ability to support the development. Moore said that there is also a property’s rights issue. When land is zoned it tells the permitted uses of the land and the owners have the right to use it for that purpose. Moore said that government also has the obligation to support that because when the ground was zoned, that’s what they said the ground could be used for. Moore said that they can, however, set standards for development, standards that protect and promote the public health safety and welfare. Moore said that they’ve been doing that for a minimum of 6 years since the new Land Use Plan. He cited the Road Performance Standards and Clustered Subdivision Ordinance, and the Sensitive Areas Ordinance that they’ve been working on. Moore said that those are the standards that are starting to be set for development. Either applications meet the standards or they don’t develop.

Moore said that they can also time development so that it only occurs at the County’s ability to support it, which is the phasing concept adopted a year ago by the Board. Moore said that the only infrastructure the County supplies is roads. He explained that the 1960 zoning presents the Board with a major problem, property rights versus ability to provide infrastructure and services. Moore said that there are landmark court cases that help guide them through the process. The court cases deal with the ability to time development, or concurrency. Moore said that as part of the land use policies and capital improvements program they can say when and where development will occur. Moore said that the County is doing this through the 5 Year Road Plan. Moore said that they have a vision and must stay the course. He said that if they don’t want to stay the course they must change the vision. He said that if the new vision doesn’t include the zoned ground then they better be prepared to buy back the property rights, which could cost between 60 and 100 million dollars. Moore said that as the Board has asked Planning and Zoning to participate in the 5 Year Construction Plan, Planning and Zoning gave the Board a list of roads that they felt should be included on that plan.

Stutsman said that there has already been a work session on the 5 Year Road Plan at which no final decisions were made. Stutsman said that if the Board can come to a consensus on the Plan it will be on a formal agenda for approval March 24, 2005 or March 31, 2005. Parker said that Secondary Roads staff wants to make sure that they inform the residents that for any project on the 5 Year Road Plan staff will listen to the residents concerns and try to appease all requests, within engineering guidelines. Parker presented a draft map of the 5 Year Road Program. He also presented the 5 Year Program. They have not yet removed anything from it. Parker said that staff doesn’t feel like they’ve received a consensus on the recommendations from HR Green.

Parker explained that there were no changes to FY 06. Neuzil asked if they could complete the Oak Crest Hill Road project sooner than FY 09 by moving around other projects. Assistant County Engineer Al Miller said that it would be difficult because the Oak Crest Hill Road bridge project is being let in two weeks. Miller said that normally the County would complete the bridge and road at the same time, but in this case the bridge was a rush project.

Miller said that there are three projects in the draft 5 Year Construction Program in FY 07 and FY 08 involving Newport Road and Prairie du Chien, based on the Howard R. Green Report. Moore said that if the Board chooses to designate a corridor for the construction projects, Planning and Zoning will work with the Board to amend the Land Use Plan to reflect the corridor. Neuzil said that he would like FY 07A removed from the 5 Year Road Program. There were not three Board members who wanted it removed from the program. Lehman said that his concern on the FY 08 projects is that he wants to see every avenue explored to ask for design exceptions where needed. He said that if there is a chance that the Board is not going to get State funding because of design exceptions, he would like the Board to explore funding the project. Neuzil said that he would like to see FY 08A removed from the program until they can explore the issue more. Neuzil suggested that they fix Newport Road rather than creating a new road. There were not three Board members who wanted it removed from the program. The Board agreed to remove the Sugar Bottom Road project and accompanying bridge project and replace it with the Ely Road project. Parker recommended putting it on the Future Projects list. The Board agreed.

R. Sullivan said that it is premature to add the "Casino Road" to the 5 Year Road Plan. He recommended that the Board not do anything to enable or disable people from being able to go to the casino. He said that funding might also be available to help pay for the road. Harney disagreed because they aren’t doing a highway replacement. He said that they are only doing an overlay. The Board disagreed with removing it from the program. Neuzil agreed with R. Sullivan and recommended they work with Washington County on the funding for the project.

Harney asked that they add Scales Bend Road to the Future Projects List. Stutsman agreed. She said that she would like to look at adding Naples, Dane, and Osage Roads to the Future Projects List after the Land Use Plan is updated.

Neuzil said that he will be voting against the 5 Year Road Plan. He said that he is hopeful that as they look at the Land Use Plan they might be able to change their minds on some of the 5 Year Road Plan projects. Stutsman said that at the last meeting she appreciated the comments from staff and residents, and thought about it over the last week, and is now more clear on her direction. She thanked staff and the public for their time and comments. The Board agreed to place the 5 Year Road Program on a future formal meeting for approval.

Executive Assistant Mike Sullivan said that Michael Mick Bowers and Tammy Rowe would like to be appointed to the Targeted Case Management Advisory Board. The Board agreed to put the appointments on a future formal agenda for approval.

Harney attended the East Central Iowa Council of Governments Board of Directors meeting, the Chamber of Commerce Ag Breakfast, the Chamber of Commerce Legislative Forum, Chamber of Commerce Committee meeting, the Assessors Conference Board meetings, and the Criminal Justice Coordinating Committee meeting.

Neuzil attended the Criminal Justice Coordinating Committee meeting, the Systems Unlimited CDBG Grant Award Ceremony, and a Lucas Elementary School Read-a-thon. Neuzil will be having a Listening Post at Café Iguanas in North Liberty on March 8, 2005 from 11:30 a.m. to 12:30 p.m.

Lehman attended the Chamber of Commerce Ag Breakfast, a Communications Committee meeting, the Assessors Conference Board meetings, and the Farm Bureau monthly meeting. Lehman reported that County Government week is from April 11, 2005 through April 15, 2005

R. Sullivan attended the Jail Alternatives Subcommittee meeting. R. Sullivan said that some smaller cities haven’t been receiving tapes of Board of Supervisors meeting and it should be explored. The Local AARP is having a Social Security Forum on March 7, 2005 at 2:00 p.m. at the Senior Center. Prairie Preview is March 8, 2005 at the Johnson County Fairgrounds.

Stutsman said attended the Decategorization Executive Committee meeting, a meeting with Iowa City City Manager Steve Atkins regarding the joint communications systems, and interviews for the General Assistance position.

Dick Gibson said that there was a slide from the PowerPoint program that was a slide of the County. He said that this is a terribly impressive graphic. He said that as the Board talks about doing a new Land Use Plan for the County, it tells the Board where the interest should be. He said that Phase I and Phase II should receive a lot of attention. Gibson said that it was mentioned that the County’s obligations under the zoning of the 1960s include only transportation, but this doesn’t mean that the Board is limited only to transportation issues. He suggested that they get into water, safety, and sewer issues. Gibson said that he appreciates the process the Board went through at this meeting. Gibson said that there were several times during the morning where the Board said to trust them because they will do the right thing. Gibson said that trusting the County is what gets the process into trouble because there is no trust among those who are going to be impacted. He said that there needs to be trust and room for it. He said that the way to get it could’ve been the study that will be completed in the next month. Gibson said that he appreciates four of the five Board members who are concerned with how the roads will impact residents in the North Corridor. Gibson said that it would be great if the Board could make policy directive statements to the engineers addressing such issues as speed limits and not encroaching on existing right-of-way. He said that would act as a counter to the Engineers guidelines that make little room for accommodations to other concerns. Gibson said that rather than dealing with these issues with policies they could also deal with them in the process. He said that rather than dealing with the issues when construction drawings are in place, they could deal with them with schematic level planning by the engineers before they get into the detailed roads planning process.

Mike Dooley said that the process is wearing him out. He said that this road is gong to split a 135 acre family farm in half. Dooley appealed to the Board to look at the area and be sensitive to the area. He said that it is interesting that the Johnson County Roadways periodical talks about the bison and prairies that used to be in the area and no longer are. Dooley said that the Board has it in their power to determine what a road of this type will do to the area. Dooley appealed to the Board to visit the area again. He asked that the Board be careful and make choices wisely because once changes are made it is too late.

Bob Welsh agreed with Gibson’s statements. He asked if the Board plans on putting policy changes in place as Gibson suggested. Stutsman said that the Board will discuss that at a future point. Welsh said that there is nothing negative about that. Stutsman agreed. Lehman said that he and R. Sullivan had discussion with Parker about meeting about roads policies.

Greg Pickett said that his concern with Project FY 07A is the criteria for the design. He said that there is a project scheduled for FY 07, which means that right-of-way needs to be purchased in FY 06 but there are several questions about design criteria. He said that coming up for with design criteria are things that need to be taken care of now and not delayed.

Adjourned at 11:56 a.m.

Attest: Tom Slockett, Auditor

By Casie Kadlec, Recording Secretary