MINUTES OF THE INFORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:

FEBRUARY 16, 2006

 

TABLE OF CONTENTS

Page

County Engineer Greg Parker: Weight Embargo(s) On Secondary Roads for Calendar Year 2006 1

Planning and Zoning Administrator Rick Dvorak and Planning Intern Jeff Wiggins: Presentation of the Annual Report....................................................................................................................................... 1

Executive Assistant Mike Sullivan: Iowa Department of Public Health, County Substance Abuse Program Request for Bid for FY 2007..................................................................................................................... 5

Discussion: City of Riverside, Iowa Proposal to Close Harry’s Road.......................................... 6

Reports and Inquiries from the Board of Supervisors................................................................. 7

Chairperson Lehman called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:04 a.m.  Members present were: Pat Harney, Mike Lehman, Terrence Neuzil, and Rod Sullivan; absent: Sally Stutsman.

COUNTY ENGINEER GREG PARKER: WEIGHT EMBARGO(S) ON SECONDARY ROADS FOR CALENDAR YEAR 2006

County Engineer Greg Parker presented the resolution for weight embargos on secondary roads for calendar year 2006 and said that this is a resolution that is an annual renewal.  It allows the County to embargo roads where they see damage from traveling public on the roadway system.  Secondary Roads was lucky enough not to have to invoke the resolution last year.  Lehman asked if there is a 90 day window once the embargos go into effect.  Parker replied that the Code of Iowa says that there is a maximum time frame that they can embargo a specific road.  He said that typically, the problems are in the spring and fall, and there is a time limit, and typically the road heals itself over that time.  Lehman asked if there is a homebuilders publication that the County could put an announcement in.  Planning and Zoning Administrator Rick Dvorak said that a lot of spring building permits will start coming in soon and if an embargo goes on a road, they will notify the permit holder.  Lehman said he thinks it is important to give people some warning.  Parker said that they have already sent out a letter saying that the County might be embargoing roads based on how the County judges the surface.  The Board agreed to put the resolution on a future formal agenda for approval. 

PLANNING AND ZONING ADMINISTRATOR RICK DVORAK AND PLANNING INTERN JEFF wiggins: PRESENTATION OF THE ANNUAL REPORT

Dvorak said that their policy for the past five or six years has been for their Planning Interns to prepare the annual Planning and Zoning report that demonstrates what the department has done in the previous year.  Dvorak introduced Planning Intern Jeff Wiggins who is in his second year of graduate school at the University of Iowa in Planning and Development.  Wiggins explained that the Planning and Zoning Department is doing very well in minimizing conflicting uses, ensuring public health and safety, and maintaining healthy residential growth.  He said that in the past year, they had 272 building permits for a total estimated value of over $33 million.  This total valuation increased by over 2.5 million dollars, while the number of permits is on a decline for the last three or four years since the peak in 2000, yet, there is a higher value per unit.  Sixty percent of the permits were for either residential alterations or single family houses.  Of the valuation, 69% comes from the single family houses.  Another item of note is that there was a nearly $2 million addition to the Iowa Mennonite School, which is rare.  Wiggins said that there were 88 new single family residences permitted in 2005: 80 in the County, five in Shueyville, and three in Swisher.  The average value is $281,000.  The trend over the past decade has been upwards.  In 1996, that figure was $150,000, and currently the single-family home average is at $280,000, a historic high and a 79% increase over the past decade. 

Wiggins explained that regarding rezoning and platting activity, there were 12 zoning applications of which 10 were approved for a total of 32.  92 acres were rezoned which is both historically very low and the second smallest amount in the last decade.  Wiggins said that they pay particular attention to the land which is rezoned from the agricultural district to residential and other classifications.  The amount that occurred in 2005 was the lowest in the last decade and shows a good preservation of the prime agricultural land that they are trying to pay particular attention to.  There were 27 subdivisions for a total of 284.65 acres.  Within the platting, they pay particular attention to farmstead splits.  Wiggins said that the trend is a general decrease both in the number of splits and the acreage that is split.  There was a large spike in 2004, but the general trend is decreasing.  R. Sullivan asked about the increase in 2004.  Wiggins said that he thinks there were a few very large splits that occurred, so it has to do with the size of the parent farm.  R. Sullivan said he can see this happen when an ordinance changes.  Dvorak said that in the year 2000, they had 100 more building permits because that was the year that the County instituted building codes.  Neuzil asked if there is an average acreage of the size of the splits.  Wiggins said that information is in the land use review section of the annual report.  Lehman replied that the report says the average lot size for splits in 2005 was 4.99 acres compared with 6.49 in 2004.  Neuzil asked how much farmland is left at this point.  Wiggins said that they looked at it more from the other angle, looking at the parent farms that had been reserved where another farmstead split could not occur.  As far as how much remains, he said they haven’t done that calculation at this point, but this is something they can certainly do.  Wiggins said that the vacancy rate dropped slightly from 27.5% in 2004 to 26.1% in 2005, and the annexations have remained fairly constant over time other than an increase in 2001 and a slight decrease in the following two years.  He said that 149 acres were annexed from Iowa City into Coralville. 

Lehman asked how they designate a build-able lot.  It is deceiving, he said, to think that any plattable lot is buildable.  Dvorak said that they have discussed that quite a bit.  They would have to do a site survey of every lot to really know.  In the early 1960s when the County adopted their new wastewater regulations, many of the subdivision lots were too small, so the Health Department requested that they buy additional lots or split the lots.  Dvorak said that in Twin Valley there are 50 houses in 100 lots.  Probably only 10 are buildable because other people have had to use the lot.  Dvorak said that they struggled with that over the years.  Lehman said that another thing to take into account is that some people have purchased a lot on either side of them, so those areas appear build-able but are not open.  Dvorak said he can think of two subdivisions that have around 45 lots in them that won’t sell because the people who bought them are not going to sell them.  He said the value of new lots is going up immensely because of the reduction in available new lots.  Wiggins explained that in terms of the way this has been calculated, that has remained constant over the years.  So, looking at the relative rate of occupancy or vacancy still gives a general trend as to where the County is.  Neuzil suggested they have a community wide discussion on this issue.  He said that they are consistently averaging about 400 acres of land that was Johnson County rural unincorporated that is being annexed inside these communities.  He said that it seems like a lot of land to lose.  He said that people come to the County and ask why land is being built on, when really the City is taking the land.  Dvorak said that Johnson County is the second fastest growing County in the state.  Neuzil said that even the vision of what the County created in 1960 to protect farm ground is not even close in any other community.  R. Sullivan said that sometimes an annexation involves bare ground, and there isn’t always a rhyme or reason there.  Dvorak said that they do monitor that communities stay within their growth boundaries.  Usually, there is a plan for the annexation not just a grabbing.  Harney said that it isn’t just Iowa City, Coralville, or North Liberty; there is Shueyville, Swisher, and other areas annexing property. 

Wiggins said that 8 of 9 variances were granted last year.  There were two special exceptions, one for a cellular tower and one for a composting facility.  Twelve of 13 conditional use permits were approved, and all 11 of the boundary line adjustments were approved.  Also, all three site plans were approved.  Wiggins explained that one of the main accomplishments of the Planning and Zoning department in 2005 was a review of the 1998 Land Use Plan.  The Building Division adopted the 2003 International Building Codes in September.  They also signed a 28E Agreement to issue permits for the City of Shueyville.  In terms of fringe area agreements, those continue to be reviewed and will be again in 2006.  In the GIS department, building permits including building footprints are now available in the layer of the GIS, and the tower database has been updated.  Wiggins explained that in 2006, the review of the Land Use Plan will continue to be an important project.  There will be a Land Use Plan Update Committee including members of ECICOG, important stakeholders, and members of the community.  They hope for the eventual adoption of proposals that will be put forward in early 2007.  Again, fringe area agreements will continue to be reviewed and updated as necessary.  In the Building Division, they will start issuing permits for new and replacement homes in manufactured housing parks beginning in March.  In GIS, they will begin a project to identify rural residences where multiple homes exist on a single parcel and the creation of a web portal, which will be one stop for all Planning and Zoning data on various permits and applications. 

R. Sullivan asked about fringe area agreements and said that West Branch is encroaching on Johnson County and wondered if they are talking to Cedar Rapids, Riverside, and Kalona.  Dvorak said that the County has a three-way fringe area agreement with Cedar Rapids and Shueyville.  The mayor of Hills said that ECICOG is working on a plan for them, and Dvorak will be making contact with the mayor again.  He said that they have not made contact with West Branch yet.  Dvorak said that he isn’t sure if Riverside used to be within two miles of the Johnson County line.  He said that their goal this year is to work with Hills and West Branch.  R. Sullivan said that it might be a good goal to make contact with the other areas within two miles.  Wiggins noted that Assistant Planning and Zoning Administrator R.J. Moore said that the County has established an agreement with Cedar Rapids in the last year and that he is looking into an agreement with Linn County, which would be an unprecedented maneuver but one that would address the issue of Walford.  R. Sullivan said that he guesses that Linn County would get Ely and Walford, but they would still have Kalona and Riverside.  Lehman mentioned that the new GIS system would connect them up to the history of the parcel including minutes to meetings concerning that area.  He thought this will be a great tool.  Dvorak said that they finally got all of their records digitized.  They are looking at either buying a package program to do a web browser or trying to do it in house. 

Neuzil said that it is likely this will be on a future agenda, but with the manufactured housing permits, he wonders if the prediction is still March 1, 2006.  Dvorak said that is the date they are still planning on.  Neuzil said that because of the planning projects the department has for 2006, he thinks they should discuss staffing at some point.  Dvorak said that County Treasurer Tom Kriz is exited about this because many of the manufactured housing areas haven’t told him about changes of ownership. 

Dvorak noted that they have been working closely with NRCS on restoration and creation of wetlands.  There is a lot federal funding for farmers to do this.  He said they rely on the NRCS a lot for all their subdivisions and helping with, for example, complaints about a house deconstruction.  They help determine a better way to control soil erosion on the property. 

Neuzil said that in Appendix C, trails are mentioned.  He thought that will be something that the Board will need assistance from Planning and Zoning as the Board identifies particular areas that are becoming more residential.  He said that after the 5-Year Road Plan meeting of February 15, 2006, he figured that trails need to be a part of that plan.  Wiggins said that they have accomplished quite a bit.  Almost all of the items in Appendix C have been completed and they anticipate several new items on the list resulting from the Land Use Plan Review. 

Harney asked where they are at with abandoned properties.  County Attorney J. Patrick White said that Assistant County Attorney Andy Chappell has the lead on that, and White hasn’t visited with him about the issue since he finished the Bentley trial.  Lehman said that the trial has made the public more aware of the discussion.  Dvorak said that they have been working on nuisance review.  Neuzil said that he knows they have been working on cleaning up junkyards.  Dvorak said the issue is the landfills and compost facilities, and they have come up with a proposal to put those into a special zoning classification and follow that up with a conditional use permit.  Lehman said that there is a fine line between junk and a junkyard and wondered how they designate that.  Neuzil said that these are the trends that they have to watch because as they have four hundred acres of rural land lost, it means that it is likely that city folks are infringing on these rural areas, which have enjoyed a little more freedom as far as having stuff in the yard and such.  Lehman said that once a business grows to a certain size, it should be encouraged to move back to town to make competition fair. 

Lehman asked Wiggins if his class mates have other projects of interest.  Wiggins said that a fellow student is working at Linn County and several are at the City of Iowa City, but not so much of what they do involves land use planning.  They deal more with GIS and with enforcement of ordinances, he explained.  Dvorak noted that that he and Moore have been invited to meet with representatives from the American Planning Association (APA).  Since Johnson County uses the interns more than most communities, there is accreditation through APA.  To keep that accreditation in place, the APA likes to interview people who use the interns.  It is very important that the University keep that accreditation up and running.  With the students they have had in the last ten years, he is proud of the fact that within 30 days after graduation, each of the students has been hired in the planning field. 

Lehman said that the Planning and Zoning Annual report is really useful and it might encourage applicants to scale back on certain things.  Wiggins said that the report is available on the County website.  The Board thanked Wiggins for his report. 

EXECUTIVE ASSISTANT MIKE SULLIVAN: IOWA DEPARTMENT OF PUBLIC HEALTH, COUNTY SUBSTANCE ABUSE PROGRAM REQUEST FOR BID FOR FY 2007

Executive Assistant Mike Sullivan said the State of Iowa’s Department of Public Health has set out requests for bids for County Substance Abuse Programs for FY 2007.  He recommended that the County respond to this request.  They would be requesting $10,000 with a match of $30,000 for a total of $40,000.  He explained that MECCA provides substance abuse information services; prevention education; intervention services for the purpose of increasing awareness; knowledge and referrals to all the appropriate resource in the community; consultation services to professionals, parents and community groups regarding the prevention of substance abuse in order to increase awareness and networking services; and information for social policy changes regarding the use and misuse and abuse of substances: and finally, post-treatment services.  These are similar requests for bids that they submit to the State each year, said M. Sullivan.  Lehman asked if they have budgeted this.  M. Sullivan said that they budget for their match each year and have been successful in receiving the $10,000 match from the State every year.  The Board agreed to put this on the agenda for next week. 

DISCUSSION: CITY OF RIVERSIDE, IOWA PROPOSAL TO CLOSE HARRY’S ROAD

Lehman said that the Board had some discussion of the closure of Harry’s Road six to eight months ago due the casino being built.  At that time, the Board did not take action on closing the road.  He mentioned that they had several residents in at that time and they heard from members of a business that does sand extraction.  That business, Lehman said, is planning on using that road for the southern route to get to Highway 22.  Lehman explained that he and M. Sullivan drafted a letter that was reviewed by Chappell.  He said there is going to be a meeting on Monday evening that he plans on attending.  Dvorak cannot attend due to a prior engagement, but Parker might be able to.  Lehman said that when the Board considered the approval of a conditional use permit for the sand extraction operation, the property to the south was not in the City of Riverside at that time.  So, they spoke to the Supervisors of Washington County, who had no opinion.  Now, the area has been annexed into the City of Riverside.  Lehman said that they understand that Riverside has the right to do what they want within their own jurisdiction, but they had wanted to point out how it might affect the road as it travels into Johnson County.  Many of the trucks in the quarries, the farm operations, and the driveways are landscaped to go to the south through Walnut Avenue.  R. Sullivan said that the most important thing that Lehman hit on is that the conditional use permit for the sand extraction business likely would never have been granted if trucks could not go south.  Lehman said the quarry has another operation in Washington County just south for Walnut Avenue, though he doesn’t know what the life expectancy of that business is.  The new route would be much longer for them and it would put much heavier traffic in an already difficult intersection that has a steep grade.  Lehman asked if anyone has any comments or additions they would like to make to the letter.  Harney said that the letter looks good. 

Harney asked White if there are any regulations that could be used to prevent Riverside from closing the road and forcing it into another County or direction.  White said no.  The only regulation is people on the proposed vacated area would have a claim for damages.  Lehman wondered if they are going to vacate to the County line or will they expect other counties to maintain their portion of the road.  Harney said if they are forced to use Johnson County’s end of the road, then they will have to realign because there is a steep hill at that intersection and low visibility.  It will be a costly proposition.  Neuzil asked if the County can tell the quarry that they can’t use the road with their trucks until it is upgraded if the road does close.  White said that he would have to go back and look at the conditional use permit.  Neuzil said that if they have to drive back up Harry’s Road, that is where the problem is going to be.  Lehman said that Dvorak said that the sand extraction site is about 90 acres and will probably operate for a minimum of 50 years.  Lehman said that he thinks that the City of Riverside is planning to take some action at Monday’s meeting. 

R. Sullivan said that Oakcrest Hill Road SE is on the Johnson County 5-Year Road Plan and it goes right into that area.  He said that they might have to postpone that road to change this intersection and this is probably not something that Riverside would want to see since that road will probably be used to access the casino.  Lehman said he thinks it goes back to developing relationships to cities and counties outside of Johnson County.  Neuzil said that he is fine with the letter.  He likes that it says it isn’t just about the trucks but about the farm equipment and residents who use that road.  The Board agreed to approve the letter in the formal meeting. 

REPORTS AND INQUIRIES FROM THE BOARD OF SUPERVISORS

Neuzil reported that he will be having a Listening Post on February 24, 2006 from 10:00 to 11:00 a.m. at the Senior Center.  He said that the Board has also been very busy working on the FY 07 budget. 

R. Sullivan attended a 5 Year Road Plan work session and the Iowa State Association of Counties County-a-Day.

Harney attended a liaison meeting with Social Services Director Amy Correia.  He met with the Coralville RAGBRAI group.  He also had a meeting regarding the upcoming Health and Human Services building. 

Lehman attended a liaison meeting with Facilities Director Dave Kempf, and the County Meet and Greet at Hills Bar and Grille.  Lehman commended Correia for learning the job so quickly.

Adjourned at 10:00 a.m.

Attest:  Tom Slockett, Auditor

By Casie Kadlec, Recording Secretary