Supervisors debate land use at April 23 meeting.

April 23, 2019 Official Minutes

The Benton County Board of Supervisors met in regular adjourned session with Supervisors Primmer, Bierschenk and Seeman present.  Primmer called the meeting to order at 9:00 a.m.  Unless otherwise noted, all actions were approved unanimously. 

Seeman moved/Bierschenk seconded: To approve the minutes from April 16, 2019. Motion carried.

Seeman moved/Bierschenk seconded: To approve Class B Liquor license for Bloomsbury Farms. Motion carried.

Bierschenk moved/Seeman seconded: To set land use hearing date of Tuesday May 21, at 9:15 a.m. for Nicholas and Jessica Tumilty in part of NW ¼ NW ¼ of 4-84-9. Motion carried.

Bierschenk moved/Seeman seconded: To set land use hearing date of Tuesday May 21, at 9:45 a.m. for Eric and Rachel Dickinson in part of NE ¼ NE ¼ of 10-84-11. Motion carried. 

Seeman moved/Bierschenk seconded: To approve office space for Vanguard Appraisal per Larry Andreesen’s request, to utilize the conference rooms located within the Benton County Service Center as needed. Motion carried. 

The Recycling Ordinance #44 was discussed. Supervisor Seeman researched what the cost is to Benton County for rural citizens recycling fees, but not including the cities. February 2019 recycling cost was $432.42/ton,that includes processing and trucking fees.

Bierschenk moved/Seeman seconded: To approve office furnishings and flooring purchases up to but not to exceed $10,000 for the Rural Access Center located within the Benton County Service Center. Motion carried.

Bierschenk moved/Seeman seconded: To approve Utility Permit for Century Link (MP Nex Level LLC) in Benton Township. Motion carried.

Bierschenk moved/Seeman seconded: To approve Utility Permit for Keystone Communications in Jackson Township. Motion carried. 

Seeman moved/Bierschenk seconded:  To approve Utility Permits for East Central Iowa REC located in Cedar, Polk, Benton, Kane and Leroy Townships. Motion carried. 

Bierschenk moved/Seeman seconded: To approve and sign purchase agreements with Jerry Wauters in the amount of $3,785.00 for permanent and temporary easements for bridge project on 11^th Ave in Homer Township. Motion carried. 

The meeting moved to the 3^rd floor courtroom to accommodate the amount of people in attendance for the discussion regarding making changes to the county land use ordinance and if there was interest in a review or changing said ordinance. Approximately 25 members of the public were present and involved in the two hour discussion regarding the County’s Land Use Ordinance #24, adopted on May 6, 1986. Marlyn Jorgensen and Kate Robertson, representing Benton Development Group spoke in favor of reviewing the current plan and ordinance.  Jorgensen stated that the ordinance provided that there be a periodic review and that it had not happened and the ordinance has been in existence for 33 years.   Marc Greenlee, Land Use Administrator gave a brief summary on how historically the plan and ordinance have been reviewed, not necessarily on a specific timetable, but that there has been review. Back when this ordinance was adopted, the intent was to preserve agricultural land under Iowa Code Chapter 352. In 1994, the zoning commission did meet and recommended to leave the ordinance as is. In 2000 and 2001 the zoning commission worked on making changes to the subdivision ordinance in an effort to slow the amount of lots being platted for housing growth. A new subdivision ordinance was created and repealed the original ordinance that was adopted in 1996.  The new ordinance was more restrictive and included requirements for developments to be on hard surface roads, and to have central water and sewer systems.  The land use ordinance was again left as it is. In 2007 the zoning commission again was convened and looked at making changes to the Land Use Ordinance.  The commission retained the services of ECICOG to assist with that effort.  When asked by Seeman what that cost Benton County Greenlee said that it was approximately $14,000.  Greenlee reported that Chad Sands with ECICOG worked with the commission to come up with a LESA plan (points) as the commission was not interested in implementing a zoning ordinance.  Nothing was adopted at that time.  In 2011 two amendments were made to the land use ordinance, and amendments were made to the subdivision ordinance the same year.  Now there is interest in doing something different again.  Greenlee reiterated that if the Board votes to make changes to the land use ordinance it will be necessary to convene the zoning commission and likely start over with a new comprehensive plan and maps, hold public meetings and hearings, look at the entire situation. 

Various individuals spoke for or against re-vamping said ordinance. Kate Robertson and Marlyn Jorgensen, representing Benton Development Group would like a review of this plan. There are opportunities coming and we need to know the consensus to move forward or not. Things change and one of those changes is the 4 lanes of HWY 30 going through Benton County. Al Schafbuch, representing Farm Bureau, likes the current plan and felt it was well written. He felt growth in Benton County should happen around the towns.  Board Chairman Primmer said he is not looking to eliminate farm ground, but to develop in Benton County and with HWY 30 expanding it brings opportunities for development.  With development comes jobs and tax dollars to help the county budget. Larry Andreesen, Assessor, wanted to clarify that the assessment notices that go out do not have anything to do with the county’s budgetary needs.  Jon Kramer commented opportunities are developing, and doing nothing makes the tax base stay the same. 

Supervisor Seeman brought up safety concerns and crossings on Hwy 30. Robertson pointed out that the county could work in conjunction with the IDOT to plan for roads according with development.  Brian Crowe, represents 7 counties working with economic development. He understands the traffic safety concerns, but with future tax revenue builds, there are incentives to offer to bring in growth. HWY 30 is a state road, but the access to and from that HWY is the county’s concern.  Dave Wessling, local Realtor who was also present commented that commercial development could help lower tax base and he felt the majority of the people would vote for it. Some of the other public present felt they wanted more options of what they could do with their privately owned land, not be given more restrictions, including the future generation landowners. Pat Stepanek added that in the Benton Community School District, the enrollment is going down not up, and the 4 lanes is not going to be the golden goose. 

After a lengthy two hour discussion, Kate Robertson asked if we are going to look at making changes or not. Time is of the essence here to make some decisions. Supervisor Primmer said this is not an easy task, but he is throwing it out there for review, but as Chairman of the Board, he could not make motions. But he felt that doing nothing puts a halt in allowing for growth in Benton County. Supervisor Bierschenk and Supervisor Seeman both stated that they are not in favor of making any changes, but Supervisor Bierschenk said he did not want to make a decision at this time.   He wanted to do more thinking.  Supervisor Seeman didn’t like the idea of spending the money and then nothing possibly changes. No action was taken and the meeting was moved back to the office on the 2^nd floor.

Seeman moved/Bierschenk seconded: Approve payroll checks numbered 140660 through 140673, ACH deposits numbered 37718 through 37851, vendor checks numbered 230937-230944 and claims numbered 230945-231069. Motion carried.

Clarification was needed on a few Quotes received from the Benton County Service Center duct work/splits for heat and air. They asked Maintenance Director Rick Bramow to contact the vendor and ask them to meet him over there to go over questions. 

Seeman moved/Bierschenk seconded: To review and certify Cost Allocation plan for FY18. Motion carried.

Bierschenk moved/Seeman seconded: To approve lease agreement with Cedar Valley Ranch effective 07-01-2019 through 06-30-2020. Motion carried.

Seeman moved/Bierschenk seconded: To adjourn.  Motion carried.