MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
FEBRUARY 10, 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 Neuzil, second by Sullivan, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors.
Motion by Lehman, second by Sullivan, to approve the minutes of the formal meeting of February 3, 2005.
Motion by Harney, second by Sullivan, to approve the payroll authorizations submitted by department heads, as approved by a majority of the Supervisors.
Motion by Harney, second by Lehman, to place on file the Clerk’s Report of Fees Collected for the month of January, 2005, in the amount of $7,833.41, as submitted by Clerk of District Court Lodema Berkley.
Convened Public Hearing on Proposed Plan to Dispose of Interests in Real Property – Portions of the South Half of the Southeast Quarter of Section 12, Township 79 North, Range 7 West of the 5th P.M., in Johnson County, Iowa at 5:33 p.m.
Assistant County Attorney Andy Chappell presented the proposed plan to dispose of interests in real property – portions of the south half of the southeast quarter of Section 12, Township 79 North, Range 7 West of the 5th P.M., in Johnson County, Iowa. Iowa City City Attorney Mitch Behr was present to answer questions. Terry Dahms spoke regarding the proposal.
Public Hearing closed at 5:38 p.m.
RESOLUTION 02-10-05-01
RESOLUTION ADOPTING PROPOSED PLAN TO DISPOSE OF INTERESTS IN REAL PROPERTY CONSISTING OF A FEE INTEREST IN A TRACT TO BE USED AS ROAD RIGHT-OF-WAY AND A TEMPORARY EASEMENT OVER PORTIONS OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IN JOHNSON COUNTY, IOWA
Whereas, Johnson County is the owner of real property located in the South Half of the Southeast Quarter of Section 12, Township 79 North, Range 7 West of the 5th Principal Meridian, in Johnson County, Iowa; and
Whereas, this triangular piece of property is located at the northwest quadrant of the intersection of Deer Creek and Camp Cardinal Roads, is 3.1 acres in size and is currently undeveloped; and
Whereas, in accordance with Section 331.361(2) of the 2003 Code of Iowa, a public hearing on a proposed plan to dispose of two interests in this real property was held on this the 10th day of February, 2005, at 5:30 P.M., in the Boardroom of the Johnson County Board of Supervisors, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa; and
Whereas, after said hearing, the Johnson County Board of Supervisors made its final determination on the proposed plan to dispose of two interests in the real property and decided that in order to facilitate the improvement of what is currently Deer Creek Road, running along the southwest side of the property, the County should donate to the City of Iowa City a fee interest in a .06 acre tract at the northwest corner of the property to be used as road right-of-way and a temporary easement in a .23 acre tract running generally along the southwest side of the property, both as described in the Proposal and the Acquisition Plat attached thereto; and
Whereas, these conveyances are necessary to facilitate the improvement of what is currently Deer Creek Road, running along the southwest side of the property; and
Whereas, these conveyances to the City of Iowa City, as set forth above and in the proposal set forth, will be the best method to dispose of the identified portions of the property.
Therefore, Be It Resolved by the Johnson County Board of Supervisors that disposing of the two interests in real property is deemed necessary; and
Be It Further Resolved that the plans for disposing of the two interests in real property as set out in the Proposed Plan to Dispose of Interests in Real Property Consisting of a Fee Interest in a Tract to be Used as Road Right-of-Way and a Temporary Easement Over Portions of the South Half of the Southeast Quarter of Section 12, Township 79 North, Range 7 West Of The 5th Principal Meridian, in Johnson County, Iowa, and available at the Johnson County Auditor’s Office at 913 S. Dubuque Street, are hereby adopted; and
Be It Further Resolved the Johnson County Board of Supervisors shall dispose of two interests in the real property by donating to the City of Iowa City a fee interest in a .06 acre tract at the northwest corner of the property to be used as road right-of-way and a temporary easement in a .23 acre tract running generally along the southwest side of the property, both as described in the Acquisition Plat attached thereto; and
Be It Further Resolved that the Board of Supervisors hereby authorizes the Chairperson to sign on its behalf any documents of conveyance necessary to fulfill the above-referenced Proposed Plan, including respectively a deed and a temporary easement, and to take any other such actions to convey the interests in real property described above.
Motion by Lehman, second by Harney, to approve Resolution 02-10-05-01.
Convened Public Hearing on Zoning and Platting applications at 5:38 p.m.
Application Z04018 of Earl E. Hull, applicant, Anneta Hull, owner, Iowa City, Iowa, signed by Earl E. Hull, requesting rezoning of 3.25 acres from A2 Resort District to RS Suburban Residential District of certain property described as being the NE 1/4 of the SE 1/4 of Section 27, Township 79 North, Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located in the southeast corner of Sand Road SE and Sycamore Street SE intersection in East Lucas South Twp.).
Glen Meisner of MMS Consultants spoke in favor of the application.
Motion by Sullivan, second by Neuzil, to waive the requirement of three considerations before amending an ordinance and to approve Application Z04018 on first and second consideration. Roll call: aye: Harney, Sullivan, Stutsman, Lehman, Neuzil.
Application Z04019 of E. R. Williams, Iowa City, Iowa, requesting rezoning of 0.42 acres from C1 Commercial District to A1 Rural District and 1.16 acres from A1 Rural District to C1 Commercial District of certain property described as being in the SE 1/4 of Section 27, Township 79 North, Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located in the southwest corner of Black Diamond Road SW and Highway 1 SW intersection in Union Twp.).
Glen Meisner of MMS Consultants was present to answer questions.
Motion by Harney, second by Lehman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z04019 on first and second consideration. Roll call: aye: Harney, Sullivan, Stutsman, Lehman, Neuzil.
Application S04057 of Blain Thomas, signed by Glen Meisner of MMS Consultants, requesting preliminary and final approval of Quarter Dale Subdivision described as being located in the SE 1/4 of the SW 1/4 of Section 6, Township 79 North, Range 5W, of the 5th P.M., in Johnson County, Iowa (This is a 3-Lot (2 Residential and 1 Outlot), 9.98 acre, Residential Subdivision located on the north side of Herbert Hoover Highway SE, approximately 1/2 mile east of its intersection with Scott Boulevard in Scott Twp).
Harney asked if they will be filling in the ravine for a driveway. Glen Meisner of MMS Consultants said the driveway will follow the property line.
RESOLUTION 02-10-05-Z1
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF QUARTER DALE SUBDIVISION, JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application S04057 for approval of a preliminary and final plat of Quarter Dale 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 Owner and Subdivider; Title Opinion; Certificate of Treasurer; Subdivider's Agreement; Covenant For Fences; Mortgagee’s Consent of Subdivision of Property; Road Agreement; Resolution Affirming the Stability of Current Road System; Well Easement Agreement; B. Subdivision Plat: Plats 5.
Motion by Lehman, second by Harney, to approve Resolution 02-10-05-Z1.
Application S04060 of Dave Long requesting preliminary and final plat approval of Sugar Woods Second Subdivision, a subdivision described as being located in the SW 1/4 of the NE 1/4 of Section 11, Township 78 North, Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 3.62 acre, Commercial Subdivision, located on the east side of Sand Road, approximately 1/4 of a mile south of its intersection with 480th Street SE in Pleasant Valley Twp.).
Glen Meisner of MMS Consultants was present to answer questions.
RESOLUTION 02-10-05-Z2
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF SUGAR WOODS SECOND SUBDIVISION, JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application S04060 for approval of a preliminary and final plat of Sugar Woods 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: Owners Certificate; Opinion of Attorney; Certificate of County Treasurer; Letter of Intent; Subdivider's Agreement; Fence Agreement Statement; Mortgagee Consent to Subdivision; Resolution Affirming the Stability of Current Road System; B. Subdivision Plat: Plats 5
Motion by Neuzil, second by Sullivan, to approve Resolution 02-10-05-Z2.
Public Hearing closed at 5:58 p.m.
Motion by Harney, second by Sullivan, to approve and authorize the Chairperson to sign the Iowa Department of Transportation Agreement for Federal-Aid Enhancement funding for a Portland Cement Concrete trail along 12th Avenue, Project Number STP-E-1557(620)--8V-52.
Motion by Lehman, second by Sullivan, to approve and authorize the Chairperson to sign a 28E Agreement with Iowa City for maintenance of shared roadways.
Motion by Neuzil, second by Harney, to approve and authorize the Chairperson to sign a contract for right-of-way acquisition for a bridge replacement project on Ireland Avenue, Johnson County Project BROS-C052(64)--5E-52 with John P. and Theola K. Rarick for $27,140.00.
Motion by Lehman, second by Sullivan, to approve the SEATS Department reorganization of administration and change the staffing level of the full-time Systems Administrator to a part-time Billing Supervisor.
Motion by Lehman, second by Neuzil, to appoint Rod Sullivan as a liaison to the Iowa City Community School District.
Adjourned to informal meeting at 6:06 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 February 17, 2005.