MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
MARCH 9, 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 Sullivan, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors.
Motion by Neuzil, second by Harney, to approve the minutes of the formal meeting of March 2, 2006.
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 Stutsman, second by Sullivan, to accept and place on file the Treasurer’s Semi-annual Settlement of the Board of Supervisors for the period beginning July 1, 2005 and ending December 31, 2005, as submitted by County Treasurer Tom Kriz.
Convened Public Hearing on Zoning and Platting applications at 5:32 p.m.
Zoning Application #14519 of William and Jan Grabe, Swisher, Iowa, signed by Glen Meisner of MMS Consultants, Inc., requesting rezoning of 3.44 acres from A-Agricultural to R-Residential, of certain property described as Lot B and a portion of Lot A of Forest Hills Subdivision Part Two, being in the SE 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 property is located at the end of Butternut Lane NE, a private subdivision road off of Sandy Beach Road NE in Jefferson Twp.).
William Grabe spoke for the application and asked for a deferral.
Motion by Stutsman, second by Sullivan, to defer Application #14159 until April 13, 2006 and continue the public hearing.
Subdivision Application #S05031 of Dovetail Land Acquisitions LLC requesting preliminary and final plat approval of Liberty Bend First Addition, a subdivision described as being located in the NW 1/4 of the SW 1/4 of Section 17, Township 80 North, Range 6 West, of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 3-acre, Farmstead Split, located at the northwest intersection of North Liberty Road NE and Dubuque Street NE in Penn Twp.).
RESOLUTION 03-09-06-Z1
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF LIBERTY BEND FIRST ADDITION, JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application S05031 for approval of a preliminary and final plat of Liberty Bend First 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: Approval from City of North Liberty; County Road Easement; Dedication by Owner; Exhibit “A”; Title Opinion; County Treasurer’s Certificate; Subdivider’s Agreement and Fence Covenant; Consent to Platting; Resolution Affirming the Stability of Current Road System; Acquisition Plats 5; B. Subdivision Plat; Plats 5
Motion by Harney, second by Stutsman, to approve Resolution 03-09-06-Z1.
Subdivision Application #12434 of Linn County Rural Electric Co-op, signed by Wayne Ross, requesting preliminary and final plat approval of Kansas Subdivision, a subdivision described as being located in the NE 1/4 of the SE 1/4 of Section 15, Township 80 North, Range 7 West, of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 2.73-acre, Utility Subdivision, located on the west side of Kansas Avenue NE, approximately 1/4 mile south of its intersection with 270th Street NE in Madison Twp.).
Julie Pulkrabek was present to answer questions.
RESOLUTION 03-09-06-Z2
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF KANSAS SUBDIVISION, JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application 12434 for approval of a preliminary and final plat of Kansas 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: North Liberty City Council Approval (Resolution 06-04); Easement for Public Highway; Certificate of Owners and Subdividers; City of North Liberty Letter; Title Opinion; Certificate of Treasurer; Subdivider’s Agreement; Covenant For Fences; Soil Erosion and Sediment Control Plan; Resolution Affirming the Stability of Current Road System; B. Subdivision Plat; Plats 5; Acquisition Plats 5
Motion by Neuzil, second by Harney, to approve Resolution 03-09-06-Z2.
Subdivision Application #14516 of Joann E. Frederick requesting preliminary and final plat approval of Frederick Oasis, a subdivision described as being located in the NW 1/4 of the NW 1/4 of Section 13, Township 79 North, Range 5 West, of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 5.11-acre, Farmstead Split, located on the south side of 380th Street SE, approximately 1/4 mile east of its intersection with Oasis Road SE in Scott Twp.).
Dean Frederick spoke for the application. Stutsman asked how they can be sure that the one driveway will be taken out. Frederick said that they have a permit saying that they have one year to remove the driveway. Frederick said that the driveway that the County wants removed is the one that he feels is the safest. Lehman asked if the elevation of the driveway has been increased since it was put in. Frederick agreed and said that they raised it two feet. Lehman asked if there are limitations about how many driveways can be within a certain distance in a lot. Assistant County Engineer Al Miller said that they would like to have 500 feet between driveways on the same property. Sullivan said that if the application wasn’t before the Board as a farmstead split the applicant wouldn’t have to get rid of the driveway. Assistant County Attorney Andy Chappell explained that it is in the County’s right-of-way and the County can decide how many accesses there are. Neuzil said that when the Planning and Zoning Commission voted 5-0 to approve the application they had the understanding that the driveway would be removed. Assistant Planner Dan Swartzendruber agreed. Stutsman asked if there are visibility issues with the driveways. Swartzendruber said that there is another property with a driveway and the crest of a hill. Swartzendruber said that during the subdivision process the driveways are reviewed and the County Engineer gets to make a recommendation. Lehman said that most of the farmstead splits have had limited traffic. Assistant Planning and Zoning Administrator R.J. Moore said that this is the County’s opportunity to correct deficiencies. Stutsman said that this is a working farm. Moore said that it is no longer a farm after the farmstead split and the applicant may not own it forever. Lehman explained that if a majority of the Board votes for this application the driveway will have to be removed. Frederick said that they can’t withdraw the application because there is a sale pending on part of the land. Sullivan said that the choice is up to Frederick. Frederick said that he knows there is a site distance problem according to the County’s new standards, but it hasn’t been a problem for the last 50 years. He said that they will have to move the driveway far from the house. Chappell said that the County Engineer has determined that the driveway doesn’t meet the site distance requirements. Chappell said that the plat says that the driveway will be removed and if the Board approves the plat, the driveway will have to be removed. Chappell said that if the Board doesn’t accept the staff’s recommendation the application will have to be deferred so that a new plat can be drawn up. He said that if the Board is going to deviate from the guidelines they should also outline why this situation is unique. Lehman said that the bottom line is that if the applicant wants a farmstead split they will have to remove the driveway. Sullivan said that if the applicant decides to withdraw their application then it will be let go, which is inconsistent. Stutsman said that as much as she would like to keep both driveways the Board doesn’t normally make exceptions to policy.
RESOLUTION 03-09-06-Z3
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND
SUBDIVIDER'S AGREEMENT OF FREDERICK OASIS,
JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application 14516 for approval of a preliminary and final plat of Frederick Oasis, 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, Attorney’s Title Opinion, Treasurer’s Certificate, Subdivider’s Agreement, Fence Agreement, Resolution Affirming the Stability of Current Road System, Exhibit “A” (Parent Farm Description), Exhibit “B” (Legal Description for Subdivision), B. Subdivision Plat: Plats 5
Motion by Neuzil, second by Sullivan, to approve Resolution 03-09-06-Z3.
Subdivision Application #14517 of Iowa State Bank & Trust for the Eckrich Estate, signed by Dan Black, requesting preliminary and final plat approval of Eckrich Homestead, a subdivision described as being located in the NW 1/4 of Section 1, Township 79 North, Range 8 West, of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 3.63-acre, Farmstead Split. The entrance to the proposed parcel is located on the east side of Cosgrove Road SW, approximately, 1/4 mile south of its intersection with 340th Street SW in Hardin Twp.).
Dan Black spoke for the application.
RESOLUTION 03-09-06-Z4
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF ECKRICH HOMESTEAD, JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application 14517 for approval of a preliminary and final plat of Eckrich Homestead, 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 Owners, Title Opinion, Certificate of Treasurer, Subdivider Agreement, Declaration of Fencing Responsibility, Resolution Affirming the Stability of Current Road System, Limited Power of Attorney (copy); B. Subdivision Plat: Plats 5
Motion by Stutsman, second by Harney, to approve Resolution 03-09-06-Z4.
Public Hearing closed at 6:27 p.m.
Application #14520 of Daniel R. Bernacki requesting Site Plan approval for Lot 4 of Corridor Industrial Park Part Two. It is located on the east side of Highway 965 NW, approximately one mile south of its intersection with Amana Road NW in Madison Twp.
RESOLUTION 03-09-06-Z5
RESOLUTION APPROVING THE SITE PLAN OF DANIEL R. BERNACKI FOR LOT 4 OF CORRIDOR INDUSTRIAL PARK PART TWO
Whereas, the owner has filed application 14520 for approval of a Site Plan for a parcel of land described as being in Section 22 and 27, Township 81 North, Range 7 West, of the 5th P.M. in Johnson County, Iowa, and
Whereas, the Johnson County Planning & 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 Sullivan, second by Neuzil, to approve Resolution 03-09-06-Z5.
Motion by Stutsman, second by Sullivan, to set a public hearing on Johnson County’s Mental Health/Developmental Disabilities Services Management Plan Policies and Procedure Manual and Strategic Plan for 9:00 a.m. on Thursday, March 23, 2006 and authorize the Auditor’s Office to publish Notice of Public Hearing.
Motion by Neuzil, second by Sullivan, to approve and authorize the Chairperson to sign the Life Skills Contract addendum for FY 2006 Club House rates.
Motion by Stutsman, second by Sullivan, to approve and authorize the Auditor to publish a Notice to Bidders setting a bid letting date of April 4, 2006 at 10:00 a.m. for the 2006 Johnson County Dust Control Safety Program (calcium chloride application to portions of Johnson County rock surfaced roads).
Motion by Harney, second by Stutsman, to approve and authorize the Auditor to publish a Notice to Bidders setting a bid letting date of April 4, 2006 at 10:00 a.m. for the 2006 Seed and Fertilizer Program.
Motion by Stutsman, second by Sullivan, to approve and authorize the Auditor to publish a Notice to Bidders setting a bid letting date of April 4, 2006 at 10:00 a.m., for the 2006 Bituminous Resurfacing Program (various locations).
Motion by Neuzil, second by Stutsman, to approve and authorize the Auditor to publish a Notice to Bidders setting a bid letting date of April 4, 2006 at 10:00 a.m. for an Intersection Improvement Project on Derby Avenue and the Linn Johnson Road, Johnson County Project LFM-DB-LJ--7X-52.
Motion by Harney, second by Sullivan, to approve and authorize the Auditor to publish a Notice to Bidders setting a bid letting date of April 4, 2006 at 10:00 a.m. for a Pavement Rehabilitation project on Upper Old Highway 6, Johnson County Project L-Old 6--73-52.
Adjourned to informal meeting at 6:39 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 March 16, 2006.