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Land Use Minutes 9-9-05


									Land Use & Rural Affairs Steering Committee Meeting
September 9, 2005
Holiday Inn Downtown, Des Moines

Members Present: Doug Welton, Drew Sanders, Ron Beckenbaugh, Andy
Chappell, Julie Fridolfson, Ken Kline, Lucy Martin, Teresa Kanning, Todd Rickert,
Mark Vavrock, Jim Armstrong, Mike Felderman, Jim Rice, Karen Schaefer,
Nancy Parrott, Lannie Miller, Edgar Allan Blow, Jane Halliburton, Romaine Lee,
Lawrence Framke, Ronald Herr, Warren Steffen, Anna O’Shea, Les Beck

Committee Chair: Lannie Miller

Vice Chair: Anna O’Shea

Secretary: Nancy Parrott

Staff: Tammy Norman & Denise Obrecht

Review of 2005 Policy Statements:
           1. Rural Development: Child Care, Housing, Health Care, Rural
              Firefighter and Emergency Personnel Training, Water and
              Wastewater Program, Broadband Internet Service:
              It was suggested to strike the word “hopefully” and also add “and
              before and after school programs” to form the following sentence,
              “Increasing the supply of quality day care options, and before and
              after school programs, at an affordable rate would make rural
              areas places where families will remain and would attract new
              families to any new employment opportunities.” Motion to add &
              strike by Teresa Kanning, second by Karen Schaefer, all ayes.
           2. Land Use Planning
           3. Isolated Waters/Wetlands Protections
           4. Mitigation of Farmed Wetland Conversion
           5. County Home Rule & Livestock Confinement

New Policy Statements:
Lannie Miller introduced the following new policy statement on behalf of the
Drainage Subcommittee.

Drainage Ditches
       Currently, state regulations provide an exemption that allows drainage
ditches to be maintained (cleaned out) without obtaining a permit from the
Department of Natural Resources. The EPA regional office in Kansas City has,
in the past, asked that the state Environmental Protection Commission remove
this exemption stating that it is “inconsistent with the provisions of the Clean
Water Act.” There is some indication that consideration may again be given to
remove this exemption. Requiring a permit from the DNR for every drainage

ditch maintenance project would be costly and time consuming. ISAC supports
retaining the current exemption.

Motion to support by Romaine Lee, second by Edgar Allan Blow, all ayes.

Lannie Miller introduced the following new policy statement on behalf of the
Supervisors affiliate.

Eminent Domain
       The U.S. Supreme Court’s recent Kelo decision does not change Iowa
counties’ eminent domain powers at all. Iowa counties are already prohibited by
statute from condemning agricultural land for private development purposes
(Iowa Code §6A.2(1)(c)). ISAC therefore opposes any further weakening of
counties’ ability to use eminent domain.

Motion to support by Les Beck, second by Warren Steffen, all ayes.

Motion by Anna O’Shea, second by Jim Armstrong to accept the current policy
statements, plus the new policy statements presented. All ayes.

Legislative Objectives:
            1. Funding for the Environment First Fund: Motion to retain by
               Teresa Kanning, second by Julie Fridolfson, all ayes.
            2. Grants to Counties Program: Motion to retain by Jane
               Halliburton, second by Anna O’Shea, all ayes. Jane and Anna
               will update the information.
            3. Remove the Agricultural Exemption for Farm Houses: Motion by
               Les Beck to remove as a priority & re-write for inclusion in the
               policy statement “Land Use Planning,” second by Andy Chappell,
               all ayes. Les will prepare the wording.
            4. Nuisance Protection in Agricultural Areas: Motion to remove by
               Andy Chappell, second by Lucy Martin, all ayes.
            5. Comprehensive Land Use Planning: Motion to remove by Les
               Beck, second by Edgar Allan Blow, all ayes.
            6. Changes to Master Matrix: Motion to remove by Anna O’Shea,
               second by Karen Schaefer, all ayes.
            7. Emergency Medical Services: Motion to remove by Teresa
               Kanning, second by Anna O’Shea, all ayes.
            8. Annexation: Motion to retain by Les Beck, second by Andy
               Chappell, all ayes. Members asked if ISAC works with the
               League on the issue. It was also questioned where SF 183 came
               from. Answers will be given at the next steering committee
            9. Liability for Drainage on Private Lands: Motion to remove by
               Teresa Kanning, second by Les Beck, all ayes.

New Legislative Objectives:
Lannie Miller introduced the following new legislative objective on behalf of Stan
Walk, Mitchell County Supervisor.

Unincorporated Towns
Problem: The rural community (unincorporated) town of Mona is platted and has
about 10 building lots suitable for housing, except the community was founded
around 100 years ago and it sits on a high water table.

I asked the county engineer what it would cost to “tile out” the town so
basements would not flood. $30,000 was the cost. But counties can not use
secondary road funds nor can counties just use rural basic funds. And to make a
small unincorporated community into a drainage district would be too time
consuming and costly for the benefits. Yet, counties should be able to help
develop rural subdivisions if they will benefit the tax base in the long run, while
not disturbing good farm ground.

Solution: Change the law so county boards of supervisors can use the rural
basic fund to help unincorporated communities or rural subdivisions become vital
and tax paying entities. Improvements under a dollar amount, say, $75,000
should not be a problem and counties need to be able to easily solve these
smaller problems.

Motion by Jane Halliburton, second by Anna O’Shea to have the ISAC staff
provide an opinion on this legislative objective. All ayes.

Motion by Doug Welton, second by Edgar Allan Blow, to create a legislative
objective that encourages the Legislature to fully fund military and homestead
exemption tax credits to counties. Staff will write the wording for the legislative
objective for inclusion, or refer to the appropriate steering committee. All ayes,
except Les Beck.

Meeting adjourned.


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