MINUTES OF THE JOINT MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS AND THE CORALVILLE CITY COUNCIL:

DECEMBER 16, 1998

Chairperson Bolkcom called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 7:08 p.m. Members present were: Joseph Bolkcom, Stephen Lacina, and Sally Stutsman; absent: Charles Duffy and Jonathan Jordahl. Staff members present were Johnson County Planning and Zoning Administrator Rick Dvorak, and Recording Secretary Casie Parkins.

Coralville City Council Members Present were: Jean Schnake, Henry Herwig, Dave Jacoby, Jim Fausett, and John Weihe. Staff members present were: Coralville City Manager Kelly Hayworth and Building Official Rich Russell.

DISCUSSION: JOHNSON COUNTY/CORALVILLE FRINGE AREA AGREEMENT

Coralville Mayor Jim Fausett opened the meeting and said this was an information meeting on the Johnson County/Coralville Proposed Fringe Area Agreement. He asked Bolkcom if he had anything to add and asked staff to give a review of the agreement.

Bolkcom explained the absences of Supervisors Duffy and Jordahl.

Planning and Zoning Administrator Rick Dvorak said they had a Study Committee that came up with a draft plan. He said they had held an informal meeting on the plan with the Board of Supervisors and the Coralville City Council and then worked out the differences in the Plan. He said the Board of Supervisors was content with the plan, but the City Council had a few questions on the plan. He said most of these were minor language changes. Bolkcom asked staff to explain the map that covered the areas of the Fringe Area Agreement and also to go over the fringe area agreement.

Coralville Building Official Rich Russell said there were 5 different areas in the Fringe Area Agreement. He said that A1 is northeast of Coralville and primarily owned by farm corporations. He said that A2 is south of Interstate 80 and southwest of 218. He said these areas are within Coralville's 2 mile jurisdiction and are least likely to be developed. Russell said that ag uses in a rural setting will be encouraged and the City would not review farmstead splits in these areas. Russell explained that area B1 is east of the city limits of Coralville and within it are the S and G Sand Corporation and the River Products Quarry. He said that B2 was located north of Coralville. Russell said that in these areas residential land use and cluster subdivisions will be encouraged and that City design standards will apply. He said that residents could be assessed upon annexation. He said that JCCOG is planning to extend Oakdale Boulevard and it would be protected. Russell said that subdivisions would be required to set aside right-of-way and annexations would be voluntary according to the Code of Iowa. He said there would be joint building code enforcement. Russell said that area C of the Fringe Areas is part of Iowa City. He said that in the Coralville Land Use Plan there are mixed uses proposed. He said it wouldn't necessarily be all residential. He said that in this area farmstead splits would be exempt. He said there would be review by the City of zonings and plattings and City design standards would apply. Russell said that annexation would be voluntary based on the Code of Iowa and there would be a joint permit process as well.

Russell then went through the Fringe Area Agreement. He said that Section II protects existing ag land and operations. Russell explained Section III entails the zoning regulations and Section III B is about subdivision regulations. He said that annexations are all voluntary based on the Code. He said that it says that Annexations go to the County for review and comment prior to the annexation. He said the City and County would agree to a joint meeting if the map is to be changed. Russell said that Section III D is roads and that Coralville has suggestions for rewriting this section. Russell said that Section I explains creating a Transportation Plan. Russell said the entities should come to a separate agreement on who maintains what roads. He said that Section B2, talking about assessments, the City was uncomfortable with the language and wants to delete it. He said it was important the public knows what policies are in place regarding assessments. He said that Section IV says they will review the plan every 3 years or by request. Section V says that if there is a conflict over a rezoning the entities will try to negotiate a solution. Russell said that Sections VI and VII just have legal language that would make it possible to adopt an ordinance.

Russell went through the letter that outlined Coralville City Council's objections to the proposed Fringe Area Agreement. He said the first item was just a legal issue. Russell said that the first section should say something about City, meaning Coralville and County, meaning Johnson, throughout the document. Russell said the second item was under Section I C that discusses areas A1 and A2. The Coralville City Council wanted to delete the sentence "Residential development is to be discouraged." Bolkcom said Johnson County's current Comprehensive Land Use Plan discourages non-farm development on ag land. Herwig said they should leave the sentence out. Fausett said keeping the sentence in could open a door for the public. Bolkcom said their sense was to preserve the ag ground. Lacina said if the plan does change over time it was better to be clear to the public. Both entities agreed on deleting the language.

Russell said the City Council wanted to delete the language in the Fringe Area Agreement that talks about property that's not under the jurisdiction of the County or the City. There was agreement from both entities on deleting this language.

Next, Russell brought up the section on roads. Weihe said that many people will live on a road that is County on one side and Coralville on the other for a long time. Bolkcom suggested they set up road agreements and Weihe agreed. Lacina explained that the cities own property to the center line of the road, but that the County has easements. Lacina said they had a problem with that with Iowa City and they don't want to have a problem again. Hayworth said they could comment on that at any time and take that into consideration. Lacina said as long as there are road agreements.

Russell said that Section B2 on road assessments, the City felt was too vague. Bolkcom said the County is concerned about the financial impact on long time rural residents. He asked what the cost of assessments would be. Herwig said they would rather be straightforward in their language. Weihe said that some people think assessments are burdensome. Herwig said they agree with the feeling but they need some language. Lacina asked if the Board was prepared to do that. Lacina said it sounded like a good deal for some. Bolkcom said residents shouldn't pay 100% of the improvements. Fausett said that residents can only pay up to 25% of their assessed value. Lacina said they would probably want to run that past the County Attorney. Lacina said there could be a cost to that. Lacina said if the Board is fair they will apply it to other municipalities. Bollinger said that in North Liberty they don't assess more than $4,000. Bolkcom said the Board needs more discussion. Lacina said the Engineer needs to review the agreement as well. A member of the public said they went through this with Zeller Street and went through the arrangements with the residents. Weihe said that the City of Coralville doesn't have any TIF districts in residential areas. Lacina said the County could TIF. A member of the public said that some of the roads were carrying a major amount of traffic but a minor amount of residents lived on them. Russell said they could assess for improvements up to collector standards, a 31 ft. street, according to the Code of Iowa. A member of the public said it would come down to what the Council thinks their property is worth. Weihe said the Council looks at fair market value. A member of the public said they could go by the Assessor's value. Weihe said they could. Hayworth said ag land doesn't have to be assessed but it has to be under ag use, which doesn't necessarily mean it has to be zoned ag. A member of the public said they were included in the area as an ag use by North Liberty but not by the County. Herwig said she would be OK because they couldn't raid the City of North Liberty if her house was in North Liberty city limits.

Lacina left at 7:57 p.m. and returned at 8:00 p.m.

A member of the public asked what the status of the plan was as far as road development. Russell said if a road were to be improved there could be an assessment. He said they were working on future collector arterial streets. Russell asked when do you plan to approve them. Hayworth said the impetus for a road plan is with the County. Bolkcom said a lot of this has been done informally in the past. He said they should note the roads that are relevant and pay some attention. A member of the public asked if the public could be informed of that. Dvorak said they do press releases. A member of the public said that 12th Avenue is not in the 5 year plan. The public person said they were concerned with the impact of annexation in 5 years. A different member of the public said many of the properties on 12th Avenue are small acreage's. They said they would be looking at a huge assessment. They said they would lose their property and have to move their home and it would be a huge detriment. Herwig said they are responsible for getting people into the City. He said by nature the Council is forced to be reactionary. He said there was no desire for development that has no reason to exist. He said they have to look at what things are causing them to respond. A member of the public said the plan encourages development and annexation. Herwig said the plan does not encourage development and annexation. Herwig said by law they are required to have input.

A member of the public said that Coralville has said involuntary annexations will not be done. They said they would still be involuntarily annexed under the 80/20 law. Bolkcom said there were lots of roads in the Fringe Area Agreement and it wouldn't work to define them all. He said he was noting to develop road agreements.

Dvorak said he sensed there was some resentment. He said if there is no document the City can do what they want. He said they can't accomplish much without the document. Weihe said the document was consistent with City and County policy. Herwig said that last week the City of Coralville opened Holiday Road. He said they have alternatives already. He said the purpose was to try and make sure where they haven't addressed problems already.

Schnake said she didn't believe the intent was to encourage annexation or development. A member of the public said they appreciated the agreement. Schnake said they don't have to use the word encourage. A member of the public suggested that maybe the first 2 bullets should be deleted. Bolkcom said the County and the City think about these a little differently. Schnake suggested they change the word encourage to preferred. Dvorak said they will take recommendations from tonight's meeting, or, if they want to, send it to the Planning and Zoning Commission. Schnake said that part of that was sharing funding. Bolkcom said the Board needs to take up the Fringe Area Agreement with the County Attorney and Secondary Roads. A member of the public said they were supportive of the Fringe Area Agreement. Fausett said the main reason was some kind of compensation. A member of the public said they would like to see something in the plan on road assessments. They said it gives the public some attention. Bolkcom said the Board needs to schedule some time to meet and talk about the Fringe Area Agreement again.

Adjourned at 8:31 p.m.

Attest: Tom Slockett, Auditor

By Casie Parkins, Recording Secretary

Sent to the Board of Supervisors on February 4, 1999 at 1:00 p.m.