MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
JANUARY 13, 2005
Chairperson Stutsman called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 5:30 p.m. Members present were: Pat Harney, Mike Lehman, Terrence Neuzil, Sally Stutsman, and Rod Sullivan.
Unless otherwise noted, all actions were taken unanimously.
Motion by Lehman, second by Harney, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors.
Motion by Neuzil, second by Sullivan, to approve the minutes of the formal meeting of January 6, 2005.
Motion by Harney, second by Lehman, to approve the payroll authorizations submitted by department heads, as approved by a majority of the Supervisors.
Motion by Neuzil, second by Sullivan, to place on file the Clerk’s Report of Fees Collected for the month of December 2004, 2004, in the amount of $7,248.48, as submitted by Clerk of District Court Lodema Berkley.
Motion by Harney, second by Sullivan, to accept the County Auditor’s Quarterly Report of Fees Collected for the quarter ending December 31, 2004, in the amount of $5,844.42, as submitted by County Auditor Tom Slockett.
Convened Public Hearing on Zoning and Platting applications at 5:33 p.m.
Application Z04017 of Craig D. Stark of Ely, Iowa, signed by Doug Frederick of Hart-Frederick Consultants, requesting rezoning of 7.15 acres from A2 Resort District to CP2 Planned Commercial District of certain property described as being in the NE 1/4 of the SE 1/4 of Section 16, Township 81 North and Range 6 West of the 5th P.M., in Johnson County, Iowa (This property is located in the NW corner of the Ely Road NE, and Highway 382 NE intersection in Big Grove Twp.).
Harney asked about the future straightening of Ely Road and how that might affect the property. Assistant Planning and Zoning Administrator R.J. Moore said that the applicant will be more than willing to work with the County on the intersection, which is a platting issue. Lehman said that there isn’t much of a difference from going from an A2 Resort District to a CP2 Planned Commercial District.
Craig D. Stark spoke for the application. Stutsman asked about the plans for the rezoned property. Stark said that they are looking at doing boat, camper, and ATV storage in well laid out and visually appealing buildings.
Motion by Lehman, second by Harney, to waive the requirement of three considerations before amending an ordinance and to approve Application Z04017 on first and second consideration. Roll call: aye: Harney, Sullivan, Stutsman, Lehman, Neuzil.
Application S04005A of Bonnie Weldon requesting preliminary and final approval of Tappan’s Second Subdivision, a subdivision described as being located in the SE 1/4 of the SW 1/4 Section 19, Township 79 North, Range 6 West and the NW 1/4 Section 30, Township 79 North, Range 6 West of the 5th P.M., in Johnson County, Iowa (This is a 3-Lot, 19.93 acre, Residential Subdivision located on the North side of Highway #1 SW, approximately 1 1/2 miles west of its intersection with Interstate 218 in Union Twp).
Glen Meisner of MMS Consultants spoke for the application. Harney asked if there is access being permitted onto Highway #1. Meisner said no, that they will use the existing driveways.
RESOLUTION 01-13-05-Z1
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF TAPPAN’S SECOND SUBDIVISION, JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application S04005A for approval of a preliminary and final plat of Tappan’s Second Subdivision, and
Whereas, the County Zoning Commission having studied said application recommends that the plat be approved.
Now, Therefore, Be It Resolved by the Board of Supervisors of Johnson County, Iowa:
1. That said plat be approved.
2. That the Chairperson be directed to sign said plat and Subdivider's Agreement.
3. This Resolution requires the recording of the following documents: A. Resolution & Documents: Letter from Iowa City; Certificate of Owner and Spouse, Subdivider's Agreement; Consent to Platting by Mortgage Holder-Hills Bank and Trust; Consent to Platting by Mortgage Holder-CitiMortgage, Inc.; Consent to Platting by Contract Vendor
Covenant for Fences; Easement Agreement; Covenant for Well Easement; Resolution Affirming the Stability of Current Road System; Title Opinion; Certificate of Treasurer; Treasurer Certificate; B. Subdivision Plat: Plats 5
Motion by Harney, second by Stutsman, to approve Resolution 01-13-05-Z1.
Application S04046 of Eicher Farms, Inc., signed by Robert Crane, requesting preliminary and final plat approval of Eicher Farms Subdivision, a subdivision described as being located in the SW 1/4 of the SW 1/4 of Section 6, Township 79 North, Range 8 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 2.50 acre, Farmstead Split, located on the north side of 360th Street SW, approximately 1/4 of a mile east of its intersection with the Johnson-Iowa Road in Hardin Twp.).
Stutsman said that the house has been removed and asked if there are other buildings on the property. Moore said that there are two sheds on the property and the applicant plans to build another house. Stutsman expressed disappointment that the driveway is so long and the house couldn’t be placed in a different place. Moore said they will be building the new house on the location of the prior house.
Scott Ritter of Hart Frederick Consultants spoke for the application.
RESOLUTION 01-13-05-Z2
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF EICHER FARMS SUBDIVISION, JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application S04046 for approval of a preliminary and final plat of Eicher Farms Subdivision, and
Whereas, the County Zoning Commission having studied said application recommends that the plat be approved.
Now, Therefore, Be It Resolved by the Board of Supervisors of Johnson County, Iowa:
1. That said plat be approved.
2. That the Chairperson be directed to sign said plat and Subdivider's Agreement.
3. This Resolution requires the recording of the following documents: A. Resolution & Documents: Owner Certificate; Attorney’s Title Opinion; Treasurer’s Certificate; Subdivider's Agreement; Fence Agreement; Resolution Affirming the Stability of Current Road System; Exhibit “A”; B. Subdivision Plat: Plats 5
Motion by Neuzil, second by Lehman, to approve Resolution 01-13-05-Z2.
Application S04056 of John Dane requesting preliminary and final plat approval of Meadowlark Hill Subdivision, a subdivision described as being located in the NW 1/4 of the SW 1/4 and the SW 1/4 of the NW 1/4 of Section 21, all in Township 79 North, Range 6 West, of the 5th P.M. in Johnson County, Iowa (This is a 2 lot, 54.27 acre, Residential and Agricultural Subdivision located on the east side of Dane Road SE, north of its intersection with Mormon Trek Boulevard in West Lucas Twp.).
RESOLUTION 01-13-05-Z3
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF MEADOWLARK HILL SUBDIVISION JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application S04056 for approval of a preliminary and final plat of Meadowlark Hill Subdivision, and
Whereas, the County Zoning Commission having studied said application recommends that the plat be approved.
Now, Therefore, Be It Resolved by the Board of Supervisors of Johnson County, Iowa:
1. That said plat be approved.
2. That the Chairperson be directed to sign said plat and Subdivider's Agreement.
3. This Resolution requires the recording of the following documents:
A. Resolution & Documents: Certificate of the Owner; Amendment of Memorandum of Lease; Title Opinion; Resolution Affirming the Stability of Current Road System; Certificate of the Treasurer; Subdivider's Agreement; Fence Agreement; B. Subdivision Plat: Plats 5
Motion by Neuzil, second by Sullivan, to approve Resolution 01-13-05-Z3.
Public Hearing closed at 5:55 p.m.
Application SP04007 of David Long requesting Site Plan approval for lot 1 of Sugar Woods Second Subdivision located on Section 11, Township 78 North, Range 6 West of the 5th P.M., Johnson County, Iowa.
RESOLUTION 01-13-05-Z4
RESOLUTION APPROVING THE SITE PLAN OF DAVID LONG FOR SUGAR WOODS SECOND SUBDIVISION
Whereas, the owner has filed application SP04007 for approval of a Site Pan for a parcel of land described as being in Section 11, Township 78 North, Range 6 West, of the 5th P.M. in Johnson County, Iowa, and
Whereas, the County Zoning Commission having studied said application recommends approval.
Now, Therefore, Be It Resolved by the Board of Supervisors of Johnson County, Iowa:
1. That said site plan be approved
Motion by Harney, second by Lehman, to approve Resolution 01-13-05-Z4.
RESOLUTION 01-13-05-Z5
Whereas, the Johnson County Planning and Zoning Commission, following a public hearing, on January 10, 2005, filed its report and recommendations for certain actions;
Now, Therefore, Be It Resolved as follows:
1. A public hearing in accordance with Section 335.6 of the Iowa Code is set for the 10th day of February, 2005 at 5:30 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following: Z04018 (Hull), Z04019 (Williams), S04057 (Thomas), S04060 (Long).
2. That the Johnson County Auditor be authorized to publish the official notice of above public hearing.
Motion by Neuzil, second by Sullivan, to approve Resolution 01-13-05-Z5.
RESOLUTION 01-13-05-01
CONSTRUCTION EVALUATION RESOLUTION
Whereas, Iowa Code section 459.304(3) sets out the procedure if the Johnson County Board of Supervisors wishes to adopt a “construction evaluation resolution” relating to the construction of a confinement feeding operation structure; and
Whereas, only counties that have adopted a construction evaluation resolution can submit to the Department of Natural Resources (DNR) an adopted recommendation to approve or disapprove a construction permit application regarding a proposed confinement feeding operation; and
Whereas, only counties that have adopted a construction evaluation resolution and submitted an adopted recommendation may contest the DNR’s decision regarding a specific application; and
Whereas, by adopting a construction evaluation resolution the board of supervisors agrees to evaluate every construction permit application for a proposed confinement feeding operation structure received by the board of supervisors between February 1, 2005 and January 31, 2006 and submit an adopted recommendation regarding that application to the DNR; and
Whereas, the board of supervisors must conduct an evaluation of every construction permit application using the master matrix created in Iowa Code section 459.305, but the board’s recommendation to the DNR may be based on the final score on the master matrix or may be based on reasons other than the final score on the master matrix;
Now, Therefore, Be it Resolved by the Board of Supervisors of Johnson County that the Board of Supervisors hereby adopts this construction evaluation resolution pursuant to Iowa Code section 459.304(3).
Motion by Lehman, second by Harney, to approve Resolution 01-13-05-01.
Adjourned to informal meeting at 6:04 p.m.
/s/Sally Stutsman, Chair, Board of Supervisors
Attest: Tom Slockett, Auditor
By Casie Kadlec, Recording Secretary
These minutes were sent for publication and formal approval on January 20, 2005.