MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
JANUARY 12, 2006
Chairperson Lehman 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 Stutsman, second by Neuzil, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors.
Motion by Stutsman, second by Sullivan, to approve the minutes of the formal meeting of January 5, 2006.
Motion by Harney, second by Stutsman, to approve the payroll authorizations submitted by department heads, as approved by a majority of the Supervisors.
Motion by Harney, second by Sullivan, to approve and authorize the Chairperson to sign a New Application for Native Wine and Application for Outdoor Service Area for Wallace Winery, Iowa City, as submitted by Ilene Lande.
Motion by Sullivan, second by Neuzil, to accept the County Auditor’s Quarterly Report of Fees Collected for the quarter ending December 31, 2005, in the amount of $2,018.28, as submitted by County Auditor Tom Slockett.
Motion by Harney, second by Stutsman, that the Johnson County Board of Supervisors direct Anderson-Bogert and Secondary Roads staff to proceed with final design for the construction of Prairie du Chien Road from Newport Road to the Corps property;
That the consultants and staff also proceed with final design for the reconstruction of existing Newport Road from Prairie du Chien Road to Iowa Highway #1;
That the Board of Supervisors may preserve new roadway corridors in locations recommended by Anderson-Bogert subject to adoption in the Johnson County Land Use Plan;
That the Johnson County Engineer bring to the Board amendments to the 5 Year Secondary Road Construction Program consistent with these recommendations, including but not limited to removing the Prairie du Chien/Newport Road cut through from the plan; and
That the Planning and Zoning Administrator ensure that consideration of future roadway corridors between Prairie du Chien and Highway #1 be a part of the Land Use Plan review. Roll call: aye: Harney, Stutsman, Lehman, Neuzil; nay: Sullivan.
Recessed at 6:04 p.m.; reconvened as a Public Hearing on Zoning and Platting applications at 6:21 p.m.
Application Z05010 of Mark Sharpless, Iowa City, signed by Susan Evers of MMS Consultants Inc, requesting rezoning of 4.96 acres from A-Agricultural to R-Residential of certain property described as Lot 2 of Sharpless Second Subdivision being in the NE 1/4 of Section 8, Township 79 North, Range 5 West, of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of Lower West Branch Road SE, approximately 3000 ft east of its intersection with Taft Avenue SE in Scott Twp.).
In response to a question from R. Sullivan, Assistant Planning and Zoning Administrator R.J. Moore said that land in the urban area is more expensive than land in the rural area. He said that land in the growth area around the City is more expensive than land that is not in the growth area, but less expensive than land in the City. He said that they need to try to hold the line somewhere, which is what they try to do with Fringe Area Agreements.
Lehman asked if this piece of property is under different ownership than the piece it was split from. Glen Meisner of MMS Consultants, speaking for the application, said that the present owner today is the same owner that owned the house. Stutsman asked if the conditional use permit for the tower is still in effect. Moore said that it is now void. Neuzil asked what Iowa City’s feelings are on the application. Moore said that the City doesn’t want any development in their fringe areas because it impacts their transportation network and they don’t receive any revenues from it. He said that they would prefer development in the growth area. Neuzil asked if there has been any discussion about annexation. Moore said that the City hasn’t discussed annexing that far out. Lehman said that there are still agricultural uses for this land. Moore agreed.
Motion by Sullivan, second by Stutsman, to deny Application Z05010. Roll call: aye: Harney, Sullivan, Stutsman, Lehman, Neuzil.
Application Z05011 of River City Property, Inc., North Liberty, signed by Glen Meisner of MMS Consultants Inc, requesting rezoning of 44.91 acres from A-Agricultural to R-Residential of certain property described as being in the SE 1/4 of Section 25, Township 81 North, Range 6 West, of the 5th P.M. in Johnson County, Iowa (This property is located on the east side of Highway 1 NE in the NE Quadrant of the intersection of Highway 1 NE and 200th Street NE in Big Grove Twp.).
Harney asked about the wastewater system. Assistant Planning and Zoning Administrator R.J. Moore said that Glen Meisner of MMS Consultants is proposing a community Wisconsin Mound waste water system. Lehman asked why Solon isn’t ready to annex the land. Moore said that in the past the County has sited three or four residential lots and a commercial business, so they weren’t able to make the connection to have the contiguous land to annex. Harney asked if Solon has the capability to connect to the subdivision with water and sewer. Meisner, speaking for the application, said that Solon will be able to hook up to it within a years time, provided that the other properties are willing to annex. Lehman said that the Fringe Area Agreement with the City of Solon is working. He asked if there is any annexation agreement. Moore said that if the County was to rezone the land, it would have to be platted, and Solon would also approve the plat. Meisner said that there is a voluntary annexation agreement in the Homeowners covenants. Stutsman asked if the farmstead split will go away. Moore said that it would during the platting. Stutsman asked how the upgrade of Highway #1 will affect the subdivision. Moore said that the upgrade of the Highway #1 is off of the table for at least 10 years.
Lloyd Kessler spoke against the application.
R. Sullivan asked what would happen to the community wastewater system when annexation to Solon takes place. Meisner said that the system would go away. R. Sullivan said that any impact on Kessler’s property after annexation would be mitigated. Meisner agreed. Neuzil asked if the developer would at that time be required to remove the system. Meisner said yes. Neuzil said that those things will be considered in the platting process. Moore said that even though the community wastewater system would be a DNR permitted waster system, the County Health Department asks for maintenance management plans for community system, and they would ensure that the system operates as the DNR requires.
Lehman asked if there is enough land for the 80-20 annexation rule to apply. Meisner said that they’ve looked into it and it isn’t possible at this point. R. Sullivan said that the Board created the lots that are impeding the City of Solon from annexing now. Stutsman said she won’t be supporting the application due to the location, putting more traffic on Highway #1, it is out of the Phase I growth area, and she is bothered because it is an agricultural area. Neuzil said that he will be supporting the application because it is contiguous to the City of Solon, it meets the requirements of the Fringe Area Agreement, it has the approval of the City of Solon, and it has support of the Planning and Zoning Commission. Lehman said he won’t be supporting the application because this isn’t the time for this development. He would like to see them be contiguous as much as possible before approving this application. Harney said that if Solon wanted to annex they could using Highway #1. He said that it appears that Solon is using the County as the lever for future annexations.
Motion by Neuzil, second by Harney, to waive the requirement of three considerations before amending an ordinance and to approve Application Z05011 on first and second consideration. Roll call: aye: Harney, Neuzil; nay: Sullivan, Stutsman, Lehman.
Motion by Stutsman, second by Sullivan, to deny Application Z05011. Roll call: aye: Stutsman, Lehman, Sullivan; nay: Harney, Neuzil.
Application S05035 of Bohac-Picek Partnership, signed by Susan Evers of MMS Consultants Inc, requesting final plat approval of Woods at Hunters Creek Part 1, a subdivision described as being located in the SW 1/4 of the NW 1/4 of Section 14, Township 81 North, Range 7 West, of the 5th P.M. in Johnson County, Iowa (This is a 7-Lot, 41.09-acre, Residential Subdivision, consisting of 5 residential lots and 2 outlots, located on the east side of Curtis Bridge Road NE, approximately 1/2 mile south of its intersection with Sandy Beach Road NE in Jefferson Twp.).
Assistant Planner Dan Swartzendruber recommended that the Board defer the application and continue the public hearing until escrow agreement is finalized and signed. Assistant County Attorney Andy Chappell said that this is the first escrow agreement that the County has done under the new ordinance so they are working with language to see what they can agree to. He said that he would also like the Board to have time to review and consider the agreement. Chappell recommended a two week deferral based on a conversation with the applicant’s lawyer Doug Ruppert.
Lehman asked if Curtis Bridge Road is a hard surfaced road. Swartzendruber said yes. Stutsman asked how long it will be before the second part is platted. Meisner said that they are in design right now.
Motion by Harney, second by Sullivan, to defer Application S05035 and continue the public hearing until January 26, 2006 at 9:00 a.m.
Application S05036 of Brian Havlicek requesting preliminary and final plat approval of Marie Addition, a subdivision described as being located in the NW 1/4 of the SW 1/4 of Section 16, Township 81 North, Range 5 West, of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 5.33-acre, Farmstead Split, located on the east side of Sutliff Road NE, approximately 1/2 mile south of its intersection with 140th Street NE in Cedar Twp.).
Mark Stein of MMS Consultants spoke for the application. Harney said that the driveway will be coming across a ravine, and asked how they are going to deal with this. Stein said that there will be a draining structure to allow a vehicle to cross.
RESOLUTION 01-12-06-Z1
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF MARIE ADDITION, JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application S05036 for approval of a preliminary and final plat of Marie Addition, 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’s Certificate; Title Opinion; Certificate of County Treasurer; Subdivider’s Agreement; Fence Agreement; Resolution Affirming the Stability of Current Road System; B. Subdivision Plat: Plats 5
Motion by Stutsman, second by Harney, to approve Resolution 01-12-06-Z1.
Public Hearing closed at 7:22 p.m.
RESOLUTION 01-12-06-Z2
Whereas, the Johnson County Planning and Zoning Commission, following a public hearing, on January 9, 2006, 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 9th day of February, 2006 at 5:30 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following subdivision applications: 12435 (Rasch/Goering), and 12436 (Simpson).
2. That the Johnson County Auditor be authorized to publish the official notice of above public hearing.
Motion by Stutsman, second by Sullivan, to approve Resolution 01-12-06-Z2.
Motion by Neuzil, second by Harney, to appoint Amy Correia as the Johnson County Social Services Coordinator.
Motion by Stutsman, second by Sullivan, to approve the collective bargaining tentative agreement with the Public Professional and Maintenance Employees (PPME) unit of the Sheriff’s Office.
Adjourned to informal meeting at 7:26 p.m.
/s/Mike Lehman, Chair, Board of Supervisors
Attest: Tom Slockett, Auditor
By Casie Kadlec, Recording Secretary
These minutes were sent for publication and formal approval on January 19, 2006.