MINUTES OF THE INFORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
MARCH 29, 2007
TABLE OF CONTENTS
Page
Assistant County Engineer Al Miller: Resolution of Support for the Transportation Investment Moves the Economy in the 21st Century (TIME 21); and 28E Agreement with Linn County Secondary Roads Department to Design and Put Together Plans and Specifications for the New Oxford Shed to Replace the Existing Tiffin Shed for Costs Not to Exceed Contract of $5,500.00 Unless Otherwise Negotiated............................................... 1
Trails Advisory Committee Chairperson Janelle Rettig and Trails Advisory Committee Member Del Holland: Trails Committee Recommendations, Trail Related Issues, and Grants and Grant Writing............... 3
Planning and Zoning Administrator Rick Dvorak: Resolution Stating the Johnson County Board of Supervisors Recommendation Regarding the Annexation of 5.00 Acres by the City of Swisher................ 8
Discussion: Road Conditions on 280th Street, East of Dingleberry Quarry................................... 9
Reports and Inquiries from the Board of Supervisors............................................................... 15
Chairperson Harney called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:09 a.m. Members present were: Pat Harney, Larry Meyers, Terrence Neuzil, Sally Stutsman, and Rod Sullivan.
Assistant County Engineer Al Miller presented for consideration a Resolution of support for the Transportation Investment Moves the Economy in the 21st Century (TIME 21). Miller stated that the Iowa Department of Transportation (IDOT) studied the needs of the Iowa infrastructure versus the revenues the communities have to support this infrastructure and found a short-fall in funding. The IDOT has recommended requesting an additional $200,000,000 to be generated through different areas of taxation to support the immediate needs of the infrastructure. Basically this resolution would show the support of the Board of Supervisors on this action. If it was fully funded for the $200,000,000 Johnson County would receive approximately $600,000 in additional Road Use Tax Funds for maintenance and construction of infrastructure.
Harney stated that he would read the Resolution. Whereas, Senators Riley and Noble, Chair and Ranking Member respectively of the Transportation Committee, are seeking input concerning transportation needs with public meetings that are being held throughout the state; and Whereas, the Road Use Tax Fund is an important source of support for construction and maintenance projects at the city, county, and state level; and Whereas, the integral part of the R.U.T.F. is the fuel tax, which has not increased since 1989, and during the timeframe construction cost have more than doubled; and Whereas, the Iowa Good Roads Association, the Iowa County Supervisor’s Association, the Iowa County Engineer’s Association, and a consortium of additional public and private individuals and organizations, has promoted the TIME 21 Program (Transportation Investment Moves the Economy into the 21 Century) to underscore that steady deterioration of the construction dollar; and Whereas, TIME 21 supports the Iowa Department of Transportation’s request for an additional $200,000,000 dollars added to the RUTF that would be committed to roadway infrastructure and would be generated by increasing transportation fees; Now Therefore Be It Resolved that the Johnson County Board of Supervisors recognizes the vital role that our transportation system performs for Iowa and encourages the legislature to consider funding alternatives to increase the revenue to the Road Use Tax Fund.
Harney said the Resolution basically supports the DOT’s study to help fund the State. The DOT has come up with a formula for this additional funding for the state. Of the $200,000,000, 60% of that fund will go to the State of Iowa, 20% to the cities, and 20% to the counties. Harney disagreed with this figure, thinking it should be at least a 50%, 25%, 25 % distribution. Harney said that the cities and counties deserve more for their portion. Stutsman added that there has been a lot of discussion on this issue through the Supervisor’s Affiliate. Basically what it comes down to is either the Board of Supervisor’s goes along with the current formula that is proposed or nothing will get done. They are at a crisis point with the roads and infrastructure within the State of Iowa and unless there is new money to put into the Road Use Tax Fund it is going to be beyond repairs. They are forced to compromise or nothing will get done. Stutsman said that there is one Supervisor District that doesn’t agree with this formula and has said so and Stutsman doesn’t think that they will be supporting it. She would like to emphasize that the current formula will stay in place for what is being done with Road Use Tax Funds of 37.5% for the Iowa Department of Transportation, 32.5% for the counties, and 20% for the cities. The new formula is for any new money that may go into the Road Use Tax Fund, said Stutsman.
Harney said that part of his concern is if they change the formula for the 60% then they will probably change this formula as well. They have tried to change the existing formula a few times over the past two or three years. Stutsman said this is a concern, but the Board has to weigh the pros and cons of the situation. Stutsman supported the resolution. R. Sullivan said that if anybody doesn’t want to increase this money in the first place, if there isn’t a united front from all the different counties, that gives the State an excuse not to do anything, which he doesn’t want to see happen. The Board agreed to put the resolution on a future formal agenda.
Miller next addressed the consideration of a 28E agreement with the Linn County Secondary Roads Department to design and put together plans and specifications for the new Oxford shed to replace the existing Tiffin shed. The total is not to exceed the contract of $5,500 unless otherwise negotiated between both departments. Miller added that this 28E Agreement has been worked out between Johnson County and Linn County, with the assistance of Assistant County Attorney Andy Chappell. The agreement is to put together the plans and specs to build the new maintenance shed. Linn County Engineer Steve Gannon has put together some of these plans for Linn County in the past. This agreement has him putting together the plans and specs to construct the new Oxford shed. Harney noted that by law Linn County can’t obtain a profit from the design due to the fact that this will be a shed that is identical to the one in Linn County. Miller agreed and explained that the 28E Agreement is that Johnson County will pay Linn County for their County Engineer’s time.
Stutsman asked if Miller could explain why Johnson County isn't doing this in-house. Miller stated that Johnson County doesn’t have a structural engineer on staff. If they didn’t work this out with Linn County they would have to deal with a local consultant and pay fees to have the plans drawn up and specs put together. Stutsman confirmed that Johnson County will be using the same plans that Linn County has been using for their sheds. Miller responded that he doesn’t know all of the details, but he is under the impression that there isn’t a lot of additional work that needs to be done to the plans that Linn County has already put together. Basically the plans are laid out, the type and size that Johnson County needs, and a lot of the work has already been done. Meyer said that since the Linn County Engineer has already done this and has some documentation to draw upon, it is conceivable to assume that they get this cheaper via 28E rather than going to a local consultant. Miller explained that Linn County will put it together as cheaply as they can. Linn County has all of the CAD drawings, a base to start from, and a layout of the building. The work that someone else would have to start from scratch to do should save Johnson County a little money by using Linn County plans. The Board agreed to add this item to a future formal meeting agenda for approval.
Trails Advisory Committee Chairperson Janelle Rettig presented to the Board of Supervisors the Trail Advisory Committee’s recommendations on trail related issues. Rettig introduced Trails Advisory Committee Member Del Holland and handed out maps. She stated that last week the Trails Advisory Committee met for the first time. They elected officers and discussed the number one priority in the short term, seeking grant funding. The Trails Advisory Committee is here today to make a recommendation that the Board consider the completion of the Dubuque Street Trail that goes from West Overlook Park to the North Liberty city limits to be given priority for immediate grant applications and that negotiations with Coralville and North Liberty be entered regarding annexation. Hopefully some agreements can be made that wouldn’t delay the grant application. The State Recreational Trails Program deadline is July 1, 2007 and if they follow last year's model, they had so many applications in July that they didn’t reopen the grant in January. The State Recreational Trails Program could be a July 1st application and then not again for another year. Although in the materials that Rettig has supplied to the Board one can see that there are other grants that come due later, in particular the Federal Recreational Trails in October.
Rettig said the West Overlook/Dubuque Street area up to North Liberty is a missing link that goes through the unincorporated areas to tie together both recreation for the neighborhood in the unincorporated areas and for commuter traffic and general recreational traffic. The Trails Advisory Committee recommends that the Board pursue this grant opportunity July 1st so that the community doesn’t lose out on another year. Rettig stated that she understands that the Board has set aside in this coming fiscal year money that could be used for matching funds for trails. Rettig said that if the Board were to read the resolution that established the Trails Advisory Committee, it states that the Committee’s role is to give advice on trail funding, priorities, maintenance levels, signage policies, and other trail related issues. It further designates Secondary Roads for minutes, agendas, and meetings. The Trail Advisory Committee has now given their advice and recommendations on what they think the Board should do by July and they now need direction from the Board on the next step. Rettig added that one of the things to keep in mind is that the Johnson County Trails Advisory Committee does have County staff members on it; however, the majority of the Committee is made up of volunteers. Rettig said that she doesn't see where the Committee has any actual authority to direct staff, to make decisions, or expend funds in the resolution.
Rettig said that applying for one of these grants is not necessarily a small task. For example, the grant application for Coralville's Clear Creek Trail Phase Four, which just received funding from the State Recreational Trails, is several dozen pages long with half a dozen maps, so it is not necessarily something that a volunteer can write in an evening at home. Beyond the Trail Advisory Committee’s recommendation to the Board that they pursue the North Dubuque Street Trail as the highest priority, the Trail Advisory Committee needs to have an overall discussion about the role of the Committee, the role of the staff, who writes the application, who funds the costs of matching funds, what matching funds are available, the uses of the trail, the level of maintenance, and who maintains the trails. Thus, the Trails Advisory Committee is here to have a general give and take discussion about how the Board sees the Trail Advisory Committee’s role as an advisory committee along with the actual need for work.
Neuzil stated that he understood that the Board was going to try to mirror some of the things that Linn County has done. Some of the Linn County trails organizations helped manage a lot of the grant writing and have taken on some leadership. Neuzil asked if the one member that was assigned as a Linn County representative of the Trails Advisory Committee attended the first meeting. Rettig replied yes. Neuzil asked if the Trail Advisory Committee talked about Linn County's success securing funding for trails. Rettig replied that the Linn County Trails Association is non-profit, and one of the Linn County Trails Association's roles is to go between the entities and get an overall picture of where Linn County is headed. Linn County has made grant applications on their own; however, she isn't sure whether they hired a consultant. Holland added that the Trails Advisory Committee didn’t talk about that. Rettig explained that the Linn County Trails Association operates differently because they are a non-profit organization. Stutsman asked if the Linn County Board of Supervisors appointed the Linn County Trails Association staff. Rettig said no. Holland added that the Linn County Trails Association coordinates five different entities including Linn County and some incorporated communities. Holland reported that the Linn County representative on the Trails Advisory Committee said that Johnson County's vision is a much more enlightened approach.
Stutsman said they could direct staff to be involved in the Committee or they could hire an outside consultant. Stutsman said the County used to have some money in the budget for grant writing however, she is unaware if that money is still available. Executive Assistant Mike Sullivan stated that the funding for grant application writing is still available. R. Sullivan stated that he was under the impression that the Board pays annual fees to belong to the East Central Iowa Council of Governments (ECICOG) and the Johnson County Council of Governments (JCCOG). R. Sullivan stated that this is a role that they could play. Holland said that ECICOG Representative Mary Rump was unable to attend the first meeting of the Johnson County Trail Advisory Committee. After Holland contacted Rump and discussed the policy for writing grant applications, Rump stated that she would attempt to do that. She will be attending the next Trails Advisory Committee meeting on April 3, 2007 at 4:30 p.m. Holland said that Rump seems very supportive and would like to assist the Trail Advisory Committee. R. Sullivan asked if the Coralville application came strictly from Coralville. Rettig said yes, they have their own grant writer. She doesn’t think JCCOG did any work on that application.
Stutsman said that this is a very tricky segment due to the annexation issues, but because of the annexation issues there is not much being done with the road issues. Holland stated that if the Trails Advisory Committee could get a joint application it would be great, but just signing the paper would help. Then both municipalities would share in the concept of completing the trail. Rettig added that both cities are interested in having this trail completed; therefore Rettig recommended the Board pursue some kind of agreement such that if the Board develops this trail, and pays the matching funds, then, if it is annexed within a certain amount of time, the Board would be compensated. Rettig said it would be nice not to delay when the lawsuits are pending. Stutsman said that the Board has a Joint Cities Meeting coming up and that they might add this to the agenda given that the School District has talked about building in that area. The trail could certainly facilitate people getting to school. The Board agreed to put trails on the Joint Cities Meeting agenda.
Rettig stated the Trails Advisory Committee has no capacity to direct staff to come up with any numbers or maps necessary for any grant applications. There is guess work that this will cost about $500,000 and the State grant, if the Trails Advisory Committee is successful, requires a 25% local match, which would eat up the $100,000 the Board set aside for trails this year. This is an ideal project because it matches the money that is already in the budget. Neuzil clarified that the Board set aside $200,000 for trails, $100,000 could come from the Rural Fund, Capital Improvements Program, Secondary Roads Fund, and an additional $100,000 from the General Fund. The Board has set aside $1,000,000 in total in the Secondary Roads CIP Program, of which $100,000 could be designated to trails.
Neuzil said that this connection between North Liberty and Iowa City is a pivotal connection. Neuzil is happy to hear that North Liberty is putting their committee together. Neuzil asked if the Trails Advisory Committee knows whether or not North Liberty’s Trails Committee has made it a top priority to bring this trail into their community. Rettig responded that the North Liberty committee will be meeting for the first time next week. Rettig said that she was under the informal understanding that having connectivity is a priority to the North Liberty Committee and that the North Liberty Committee would adjust their plans to include multi-use sidewalks. Neuzil said it would be frustrating to take the trail out the City limits and have it end there.
Neuzil said that the County’s plan over the next three years is to look at upgrading Mehaffey Bridge Road, which is basically North Dubuque Street all the way out to the bridge and bringing North Liberty in from South Slope. It would be nice if all communities had this as a top priority. He thought the Board had given direction to Assistant County Engineer Rob Windstead to work on getting this concept design in place. Windstead should be able to show the Trails Advisory Committee these concepts including the costs associated with them. Rettig stated that the only information that she received was from Stutsman that stated that there was a preliminary estimate, but it didn’t include any design plans. She asked if there is more information. Stutsman added staff had been directed to begin the process to design the trail and she hopes that collaboration with these other entities could help with money towards that match. Stutsman asked for clarification from Budget Coordinator Rich Claiborne because she doesn’t feel that the Board had set aside that much money for trails. Neuzil disagreed.
Rettig stated that although County staff is on the Committee, the Committee has no authority to talk to the cities, to negotiate with the cities, or to direct staff to do design plans. Stutsman replied that this is part of what Rump will be doing. Stutsman said that the Board has already begun directing staff to begin design work on this trail. Harney added that the County Engineer will be doing the development of the design that would meet the criteria that is required for the Board to approve trails, in particular with the connectivity to the hard surface roads. Some of the maps can be done through GIS and the Planning and Zoning Department. Harney said another stretch that is high on the Board’s list is Ely around the Cedar Rapids trail to the Solon area which goes along Lake Mac Bride and back out to the North Liberty area. Rettig added that the connectivity issue at the other end is going to take more time to figure out with right-of-ways; therefore, they have to finish this piece getting to Linn County. There is a chance that one could get a grant application together in two months, but there is not a chance that they can get a grant application together in two months for the northern part of this trail, Rettig explained.
R. Sullivan said this kind of advice is the value of the Trails Advisory Committee. It is the Board’s job to empower the Trails Advisory Committee by taking those recommendations to staff. It is implied that if the Board feels something needs to be done, the Board appoints those individuals, and the Board expects cooperation. Rettig stated that the Trails Advisory Committee recommends that the Board apply for the grant on the July 1, 2007 cycle. If the Board agrees, then the Trails Advisory Committee is willing to do their fair share of the work. Harney added that he personally sees the Trails Advisory Committee going a little farther with planning and doing the grant. The Committee should be working with ECICOG to help them write the grant and submit the application. Harney said procedures need to be put into place because otherwise they will be going in too many different directions.
Rettig stated the Resolution creating the Trails Advisory Committee said advise and recommend. If the Board would like the Trails Advisory Committee to take this farther Rettig is not sure what would have to be done. Stutsman thought the Resolution would have to be changed. Neuzil added that he doesn’t hear anything changing by the Trail Advisory Committee working with ECICOG and the Board. The Trails Advisory Committee should serve as advisors while everyone works together. This type of dialog is what the Board envisioned. The Trails Advisory Committee will give the Board updates, get guidance for the Board, and then the Board will give guidance to the Trails Advisory Committee as to the Board’s priorities.
Neuzil added that he is assuming they will complete segments beyond North Dubuque Street. There are other trail systems and opportunities when Johnson County does road reconstruction. Specifically, the Trails Advisory Committee is right in that this is a prime opportunity to get North Liberty to Iowa City and Coralville all together and get this segment completed particularly with the populations of this segment being so large. Stutsman added that at least three Board members have consensus that they are ready to give direction to Secondary Roads about doing the design work. She asked the Secondary Roads liaisons to work with Rump regarding all that needs to get done before the grant deadline. Rettig added that the Board would have to approve the grant and agree by a vote to maintain the trail for 20 years; therefore, at some point the Board is going to have to vote on submitting the grant. Stutsman would like a joint application with North Liberty and Coralville involved in this process. Harney wanted to see the Trails Advisory Committee work with Coralville to tie in the Oakdale trails that already exist. Neuzil stated that everyone is new at this. The County is getting reintroduced to the importance of trails. Holland added that the Board has a great Trails Advisory Committee. The Trails Advisory Committee really feels good working together and anticipates being able to do what the Board has envisioned.
Recessed at 9:41 a.m.; reconvened at 9:50 a.m.
Stutsman asked Claiborne how much the Board set aside for trails. Claiborne stated that the Board decided to dedicate $500,000 out of the Rural Basic Fund for capital improvements that can be used for trails and road improvements. Out of the General Fund they took $100,000 for trails. His understanding was that they had figured in a total of $200,000. Stutsman said that in order to use rural funds for trails, it would have to be in conjunction with a rural roads project. Claiborne stated that this is for the Board to decide at that time. Claiborne agreed that by Code the trail has to benefit the rural residents. Rettig asked if she could get a copy of the 5 Year Road Plan that has already been adopted, so that the Trail Advisory Committee has an idea of what roads are planned for the next year. Therefore, if there is a potential to use any of the rural funds it has to be with road projects that are planned this year. R. Sullivan said those are online. Neuzil said that the CIP part of the budget is a new funding formula that the Board has committed to as a way to see upgrades not only to dirt roads but also to gravel roads. This money is flexible enough due to the fact that it is local funds that can be used for other projects like road enhancement with the trails. Rettig thanked the Board.
Planning and Zoning Administrator Rick Dvorak stated that as per Code, last week the Planning and Zoning Department had a consultation with representatives from the City of Swisher regarding their proposed annexation. The City of Swisher presented their requested for the annexation of five acres on the south side of the city to be used for elderly care. In reviewing the Fringe Area Agreement, it is in compliance with that portion of it. Therefore, Dvorak wrote up a draft letter and shared it with M. Sullivan which basically expresses the fact that the County doesn’t have any basic concerns or objections to this annexation. Dvorak said that shared maintenance agreements will have to be written. Dvorak explained that if the Board has any changes that they would like to be made, Dvorak will make those changes and this can be put on next week’s agenda for the formal meeting.
Harney read the draft: Whereas the Johnson County Board of Supervisors held a consultation meeting with the Swisher City Clerk to discuss the proposed annexation; and whereas the Johnson County Planning and Zoning Department has reviewed the request for the Board of Supervisors; and whereas, the proposed annexation is in compliance with the Swisher and Johnson County Fringe Area Agreement; and whereas, the Johnson County Board of Supervisors recommends that the City of Swisher work closely with the Johnson County Secondary Roads Department regarding the shared road maintenance agreement for this proposed annexation; ow therefore be it resolved by the Board of Supervisors of Johnson County, Iowa that the Board of Supervisors recommends that the proposed Swisher annexation request be approved by the City Development Board. The Board agreed to add this issue to the agenda for the next week’s formal meeting.
Harney opened the next item of business which was discussion on the road conditions of 280th Street east of Dingleberry Road. Kyle Schuchmann stated that he has a little bit of a specialty in an area of trucks and the law that he believes would temporarily take care of the problems on this street as well as any street in Johnson County. Schuchmann presented an image of a Johnson County dump truck, a box truck. What has happened on 280th Street as well as on other streets within the County is the trucks are blowing out the roads. It is at a point on 280th Street that individuals are having to take a different way around due to the fact that driving through the blowout either cause a car to get stuck or rip off its muffler. Schuchmann added that he had a hole or a blow out right in front of his home that he had to get repaired. He also pays $350 a year for dust control. As soon as the trucks start driving down this road again, the hole is going to blow out again and Schuchmann’s dust control is going to be gone. He said the State of Iowa weight chart shows what is safe for the roads. Because these trucks are doing road maintenance law allows them to weigh more than what is indicated on the chart. Trucks would normally be allowed to weigh 52,500 pounds. Most of the trucks that are coming out of the quarry are close to 65,000 to 70,000 pounds. Therefore the trucks are overweight which is why the roads are being destroyed. He said that decreasing the weight would take care of the problem.
Harney asked why the road conditions in Cedar County are different from the road conditions in Johnson County if the same trucks with the same weight are driving on the roads. Schuchmann stated that the Johnson County trucks are the only trucks that are allowed to weigh more than any other truck. Therefore, Johnson County hires trucks to move rock, but those trucks are not County or government trucks, therefore, they have to follow the weight charts. Even when Cedar County trucks come to Johnson County to pick up rock they are abiding by the weight laws. Schuchmann believes that it is the Johnson County trucks are destroying the roads. Stutsman asked if he is referring to the trucks that Secondary Roads has or is it the trucks that Johnson County subcontracts. Schuchmann stated that it is just the Johnson County trucks; the trucks that Johnson County is subcontracting are following the weight laws. The trucks that are really overweight are the Johnson County trucks, which are destroying the roads. Sometimes the holes are 100 yards. These roads are becoming unsafe for even the bus drivers to drive down. By law the Board of Supervisors doesn’t have to change it because by law these trucks can weigh whatever they want as long as they are doing road maintenance, but if this law is changed the roads will be in better condition and many more people will be happy.
Meyers asked if they can regulate the weight of the trucks at the quarry. Schuchmann said that the driver of a dump truck knows how much weight is being put into his truck; therefore, he can monitor the weight of his truck. On April 9, 2007, the rock dumping in this area will start and this is when many problems will really start. There will be 16 Johnson County trucks and other subcontracted trucks that will be moving rock. Schuchmann said that he travels about 750-1,000 miles a week including in Cedar County. He concluded that the roads of Johnson County are bad. Schuchmann stated that his other concern is with Procter and Gamble in West Branch which is planning on moving 15,000 tons of rock this summer for their parking lot. This is another issue that the Board needs to be aware of. Schuchmann said the Ernst Quarry is a 100 year quarry. He asked if the Board has any long-term plans down the road for what is going to happen due to the fact that this issue is not going to just go away. He added that many people who are attending the meeting today have taken off work to be here. That is how strongly they feel about the issue of safe roads and dust control.
Harney asked Maintenance Supervisor Kevin Hackathorn if he is currently moving rock on this road. Hackathorn said no. R. Sullivan clarified that the conditional use permit only affects Wapsi; it doesn’t affect 280th Street. Hackathorn concurred. R. Sullivan said that the quarry is only responsible for dust control every year and these other issues effect Wapsi, but the quarry is not responsible for this issues on 280th Street. R. Sullivan asked Hackathorn if he has any idea as to how much these trucks really are weighing out to be. Hackathorn stated that he has had a meeting with Schuchmann before and the result of that meeting was that they are not to move anything that is over 60,000 pounds. The reason the overweight issue comes into play is because the trucks are still moving rock with the snow equipment on them, which obviously adds weight. When the soft spots start to appear, which Hackathorn doesn’t feel is all from Johnson County trucks due to the fact that Cedar County was moving rock down these areas also, he decided not to haul out of the quarry. They haven't for the past week or week and a half.
Schuchmann said that he did notice once this meeting was called the moving of the rock did stop, but Schuchmann would still like to see the scale tickets because he still feels that the trucks are leaving the quarry weighting more 60,000 pounds. Hackathorn said that he hasn’t looked at any of the scale tickets, but he can check them. Schuchmann added that Cedar County’s lightweight trucks are 48,000 to 49,000 pounds and their heaviest truck is 54,000. Therefore, Cedar County is moving way less rock with the same kind of trucks and they are moving the rock farther. There is also the safety factor that goes into play with these trucks moving this much weight. One trucker died from an accident involving an overloaded front wheel. Harney asked if the Board knows the numbers as far as how much Johnson County trucks are moving and the Cedar County trucks are moving. The amount of traffic makes a big difference. Hackathorn stated that he has spoke with Cedar County on this issue and have asked them to stay off these roads especially when they are bad. When the roads get too bad Hackathorn does direct his people not to move rock down these bad roads.
Janet Baumgartner stated that she had two things to address, the first being the number of trucks. Cedar County will run five or six trucks up and down the road one after another. It was constant like this from 7:30 a.m. to 4:30 p.m. every day for two weeks. Baumgartner added that there are Johnson County trucks on the road. It is a two-fold issue because it is the weight issue and the volume of traffic. It is approximately five to six trucks every half an hour. The dust issue is really bad. She the reason that the quarry is required to provide the dust control on Wapsi Avenue is because that is the designated route. The trucks are supposed to go down Wapsi. They are not suppose to be coming down 280th Street. She said that every year, they have to try to go through a long process of getting the trucks to reroute onto Wapsi Avenue. Baumgartner asked why they can't come to some type of permanent resolution on this issue instead of having to go through this every year. She said the driving conditions on 280th Street are terrible right now. Baumgartner would like to address the issues of the Conditional Use Permit and why if this quarry is allowing trucks to move rock down 280th Street, they not also responsible for the dust control issues on 280th Street. Baumgartner added that they pay a lot of money for the dust control, but it only works for one week with the trucks going back and forth down the road. Baumgartner stated that she would like some solution addressed so that some resolution can be given to this issue once and for all.
R. Sullivan asked Chappell if the Conditional Use Permit is usually perpetual. Chappell said it is perpetual. The idea is that the use will continue until the use is ceased for a long enough time to abandon the permit. Other than that, it is a matter of what conditions are on the permit. If the conditions on the permit are not being followed, then there is a review process. If there is some allegation that someone is operating outside of the permit then there is a review process, which is usually initiated by staff. Harney added that the Conditional Use Permit doesn’t require these trucks to use a particular road. Chappell said he hasn't reviewed this particular permit, so he doesn’t know. Harney asked if it was possible for the use to be limited to certain areas and not other areas. Chappell stated that it is a possibility, though he hasn't seen that particular condition. Chappell added that there could be reasonable conditions on the permit, it just depends on what the situation is and what the fact-finding body considers reasonable to be for that situation. R. Sullivan added that when the permit was first granted there would have been the possibility at that time to put in 280th Street as a condition that the quarry take care of dust control. Stutsman stated that she believes that this condition was put into the conditional use permit. R. Sullivan stated that the established permit is for Wapsi Avenue and not for 280th Street.
Mike Ryan lives on the corner of Wapsi and 280th Street, therefore, he gets the traffic from both ways. Ryan is affected by the trucks that are coming out of the quarry entrance where the dust is really bad. Ryan had nine heads of cattle and a bull that could not eat the grass because the dust was on the grass two inches thick. Ryan had to move the cattle to the back of the barn and feed them hay because they wouldn’t even stay out there. One can’t do any kind of yard work or leave a window open. Ryan did call the quarry and they did water the driveway, but that lasted for about two hours. There has to be something done about the dust control issues. The quarry should have from the beginning gone out onto Dingleberry Road in the first place. They fought that but lost, so they have to live with what they have. Harney asked if Ryan was getting dust off of Wapsi Avenue as well even though the quarry is giving it dust control. Ryan replied that the dust control will last a little while, but due to the heavy traffic the dust reappears. He said he does get a lot of dust off the entrance of the quarry.
Kate Hemingway stated that she is the lady who called because she nearly had her S10 stuck in one of the holes on the road. There are several issues here and the largest one in Hemingway’s eyes is safety. The road by her house is safer now since the road has been embargoed. The County has done great working in getting this road back up to a passable road, but for several days it was impassible. The Hemingway’s couldn’t deliver feed to their hogs on the other farm with their tractor. If one were to meet another vehicle one had only two choices, the ditch or the middle of the rut where the other vehicle was. The road was also impossible to walk on. She said that they do pay for dust control. There is always the chance of a head-on collision when the drivers can't see each other, especially when there is more than one car in a row. Ahead of this during the dry season the gravel dust had become dangerous. They have even gone to the extent of moving their driveway back away from the crest of the hill at a cost of $5,000, so that they could have more of a chance to get out of their driveway without an accident. The Hemingway’s have had too many near accidents at the entrance to their driveway; therefore, they felt they had to move it for their safety. Hemingway added that she is a little disappointed with Schuchmann for suggesting that it is all Johnson County trucks. Hemingway stated that it is all of the traffic, the road that goes by the Hemingway’s house is not capable of supporting the traffic that comes from the quarry. If the County is going to provide a road then it should be safe for everyone including the truck traffic. The trouble is the road is not safe for that. It belongs to the Board to insure that the road is a safe road for the community.
Steve Hemingway stated the day that the County quit moving rock downs these roads, the County no longer had a choice in the matter. The road had become impassable even for the trucks. The traffic that was on this road couldn’t continue any longer because the road just couldn’t handle it any longer.
Dave Hahn stated that this problem started many years ago when the quarry decided to reopen. This is what is now called the Ernst Quarry but was once called the Dingleberry Quarry and Dingleberry Road which was the road of choice to get this quarry to a major highway. The first year that this road was in service they had to lay down 693 tons of rock onto the road, which is a lot of rock for a one mile road. Hahn went on to explain a little history of the roads. The westerly portion of the level B dirt road was turned to gravel in 1974 at the expense of the County. The gravel was donated by the Dingleberry Quarry to do that, therefore, this was going to be the road of choice for this quarry, which made perfect sense. This was agreed upon by the Board back then. Many of the residents that live on Dingleberry Road built during this quarry litigation. They didn’t want the quarry to use this road so a lot of people began building houses and converted to chip seal at their expense knowing that they could embargo the road there. So, that was their way of getting their house built and keeping the trucks from going on the road. Hahn felt that was a failure of the Board to act responsibly at that time. Also on that road there was an agreement between the County and the quarry to share in the expense in improving that road. Therefore, it was much cheaper for River Products to purchase the land to the east then to improve Dingleberry Road. It isn’t the law though it should be that one use a quality road to start out on ones designation and finish on the tributary roads, when in fact the County is doing the exact opposite of this. Hahn stated that he disagrees a little with Schuchmann when he says that it is the heavy Johnson County trucks that are doing all of the damage, rather it is the number of trucks. Hahn said that the Johnson County trucks drive down 280th Street and turn south to stay in Johnson County, therefore, half of the truck traffic is staying in Johnson County and the other half is going to Cedar County. This is why the Cedar County roads are better than the Johnson County roads right now. Most businesses build on primary highways; they don’t build on a dirt road and then ask the County to improve the road for them. Therefore, this was a failure on the County’s part to have let this happen. That road would have cost nothing in comparison after years of their road being destroyed. The same cost will be incurred just on a longer period of time. Stutsman said that Dingleberry Road had a bridge issue. Hahn asked the Board to weigh the cost. If the County can put 700 tons of rock on a one-mile stretch of Johnson County road at the County’s expense it is just going to continue.
Bruce Gardner said he is a resident of Wapsi Avenue where there is a problem going south at the corner of Fairview Cemetery Road and Wapsi Avenue. A week ago this corner was impassible similar to the problem that the Hemingways addressed. Gardner stated that he recognizes that each spring there are going to be problems with the issues of soft spots, but there needs to be more of an immediate response. Due to the fact that these soft spots occur before anyone has a chance to get out and repair them, there should an emergency procedure in place. It is inconvenient to have to go two miles an hour with a four wheel drive vehicle to get through a main road. One has to think of a normal individual coming over a hill in a normal sedan and hitting one of these soft spots; it could be disastrous. There also was a letter dated September 16, 1999 from River Products when Dingleberry reopened. In this letter River Products's legal counsel states that they foresaw Cedar County trucks heading north to the Morse black top, which is a smooth hard surface road that would likely provide a quicker and more enjoyable ride. It is very difficult to quantify future expenses of maintaining the surrounding roads, which is why River Products was indicating that it would be better for the trucks to go north to the hard surface road. The Quarry volunteered to provide dust alleviation on 280th Street if deemed necessary by the County Engineer.
River Products Representative Tom Scott stated that in the last month River Products company has imposed weight limits on trucks at two different quarries and almost had a revolt. Scott added that they were reasonable limits. Cedar County’s contract that was let on February 27, 2007 had between 110,000 and 115,000 tons, but there are only two projects that Cedar County ever moves out of Ernst Quarry. With all the talk about how much material was moved this year from the middle of February when River Products reopened to the first of March, River Products moved 6,595.9 tons out of Dingleberry Quarry or rather Ernst Quarry; of that 310 tons was moved by Cedar County. Scott added that he is not sure if they went on 280th Street or if the trucks did go up to the hard surface road. In the contract, the Cedar County Engineer urged those who were bidding to move rock on hard surface roads and then drop off of those roads to rock the county roads. Out of the 6,595.9 tons, 913.80 tons went to the City of Solon. Therefore, 5,682 ton that went out of the quarry. Johnson County moved 2,749.07 ton. Scott stated that he isn’t going to get into a discussion on the weight limits of County trucks. The County trucks have always followed their own rules. As far as Procter and Gamble goes, Scott stated that he would love to be able to tell the Board of Supervisors that River Products has a contract with them, or even that he had half of it for this summer, but to be honest Scott has zero. For the past two years there has been no materials moved out of the Ernst Quarry to Procter and Gamble. Scott added that some of the Wapsi residents have complained about the dust control. Scott stated that he receives at least two calls every summer. The individual that calls Scott is upset because the County blade operator blades a couple of weeks after application of calcium chloride which destroys its effectiveness. River Products company spends in excess of $10,000 per year on the dust control issues on Wapsi Avenue. The Conditional Use Permit doesn’t designate any road other than Wapsi that River Products is supposed to do dust control on. River Products company has spent a lot of money over the years on providing the rock prior to the application of dust control in front of the Kline Quarry. To be exact River Products has just finished spending $525,000 on 900 feet of Harry’s Road and will spend another $75,000 before the road is completed. Therefore, River Products doesn’t look to the County to pay for everything. River Products has paid their share and then some over the years. As far as an agreement with River Products company and Johnson County to update Dingleberry Road, Scott stated that he is unaware of this. If this agreement exists, then it came about long before River Products was a part of Ernst Quarry.
Stutsman asked Scott if this is a 100 year quarry. Scott replied that he has no idea because he will be dead before then. It does have a significant longevity, but Scott said it looks more like 50 years.
Kate Hemingway said she is troubled by the adversarial relationship between the residents and the quarry. Hemingway had a problem with the expectation that the quarry has the ability and the responsibility to police how the trucks use the road. Hemingway didn’t know how the County can expect the quarries to be law enforcement on trucks that are coming from the east and are arriving at the quarry. Basically, it is a County issue due to the fact that it is a County road.
Steve Hemingway stated that there has definitely been more than 300 tons of rock that has been moved via 280th Street. Scott said there has not. Hemingway said he is referring to the total. The important thing isn’t who is moving the rock, it is rather that the road is not able to sustain the traffic. For the residents, the dust issue is worse between when they open the quarry and before the residents get their dust control at the first of June. He said that putting down calcium chloride at the right time would alleviate dust during the early spring period. This is one compromise, he said. Harney clarified that Scott was saying that approximately 300 tons travels to Cedar County, but that does not mean that private businesses are not using the road to haul much more than that.
Stutsman asked Hackathorn to explain why dust control can only be done twice a year. Hackathorn stated that this is the way it was first set up. Generally, when they first set this up, the guidelines were Memorial Day and Labor Day. The County usually seems to get the dust control applied before Memorial Day; it depends on when the County gets its spring rock moved. Some people did want three applications of dust control, but the County allows only two but he isn’t sure why that is. Stutsman added that even if some were to want to privately do more than two applications of dust control they couldn’t. The County governing when the dust control is applied provides a way to govern when the roads are bladed so that the roads are bladed before the dust control. Sometimes road conditions and weather set back the applications of the dust control. On all applications it is stated the County may have to blade the road shortly after application for safety reasons. Harney asked if gravel is put down before the application is applied because in past years the County has received complaints from people who have had gravel put down over the calcium chloride. Hackathorn stated that a lot of it depends on the form of dust control that is used. Some forms of dust control withstand some blading while others do not at all. He said they try to get the rock down before the dust control is applied. He stated that they try to stay away from the roads that have been dust controlled but sometimes the poor condition of a road requires them to do something.
Neuzil stated that they need better communication overall. The Board knows that the quarry has been a respectful neighbor. Secondary Roads and the Board have an upcoming meeting at which they will discuss 280th Street. Having all of these individuals join in the meeting has been beneficial to the Board by allowing them to learn more about an issue that has been an issue in the past. Ultimately, something needs to be done about this issue. The dust is always the biggest complaint due to the gravel. Neuzil would like eventually to hear from staff about potential solutions. April 13, 2007 at 9:00 a.m. is when one of the work secession meetings is scheduled. M. Sullivan confirmed this and noted a second one on May 29, 2007 at 9:00 a.m. Harney added that he does have a few ideas that he will try to discuss with Scott. Stutsman said the Board has their work cut out for them in trying to deal with these road issues in a way that is going to alleviate peoples concerns. R. Sullivan stated that the Board would like to know from Secondary Roads what roads really are the one that are in the most disrepair. Hackathorn said it is the amount of traffic and the amount of weight that is being put on these roads that are destroying them. Stutsman added that there has been a bill in the legislature that has tried to deal with the issue of heavy equipment on the roads and the bill is not getting anywhere. Harney stated that this is one of the reasons that he was objecting to the Department of Transportation’s proposal of taking 60% of the money because Johnson County has over 900 miles of secondary roads that need to be addressed. Harney stated that he would sure like to see more money coming from the Road Use Tax dollars to Johnson County rather than just to the State and Federal highways.
R. Sullivan met with the Chatham Oaks Board of Directors and with Social Services Coordinator Amy Correia. He attended a Department Head Meeting, a Mental Health/Development Disabilities Planning Council Meeting, and a United Way celebration.
Meyers attended a Pandemic Flu Committee meeting, a MECCA Board of Directors meeting, a Decat Board meeting, a Sensitive Areas Ordinance Work Session, a Department Head Meeting, and the MH/DD Planning Council meeting. Meyers also attended the Iowa Valley Resource Conservation and Development Board meeting and the United Way celebration.
Neuzil attended United Way celebration, a liaison meeting with SEATS Director Tom Brase. Neuzil commended County Sheriff Lonny Pulkrabek and Iowa City Police Chief Sam Hargadine who won the team telecommunicator of the year award for the joint emergency response to the 2006 tornadoes. Neuzil announced that he will be having a Listening Post at the Senior Center on March 30, 2007 at 12:00 p.m.
Stutsman attended the 30th Anniversary celebration of Neumann Monson Architects, a Decat site visit, a Decat Board meeting, JCCOG’s Regional Trails and Bicycling Committee meeting, a Space Needs Committee meeting, and a liaison meeting with Brase.
Harney attended the Iowa Department of Health Johnson County Pandemic Flu Training, The University of Iowa’s open house for the Iowa Center for Enterprise, the Chamber Agricultural Bioscience Breakfast Series, a liaison meeting with Correia, the Sixth Judicial District Department of Corrections Board of Directors meeting, and an Emergency Management meeting.
Adjourned at 11:15 a.m.
Attest: Tom Slockett, Auditor
By Casie Kadlec, Recording Secretary