MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:

MARCH 8, 2007

Chairperson Harney 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, Larry Meyers, 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 Sullivan, second by Meyers, to approve the minutes of the formal meeting of March 1, 2007.

Motion by Stutsman, second by Sullivan, to approve the payroll authorizations submitted by department heads, as approved by a majority of the Supervisors.

Motion by Neuzil, second by Meyers, to accept the Recorder’s Report of Fees Collected for the month of January, 2007, in the amount of $135,646.41, as submitted by County Recorder Kim Painter.

Convened Public Hearing on Platting applications and Zoning Ordinance Amendment at 5:30 p.m.

Subdivision Application #S04049 of Anthony Pagliai requesting preliminary and final plat approval of Looney Tunes Addition, a subdivision described as being located in the SW 1/4 of the NW 1/4 of Section 31, Township 81 North, Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 1.65-acre, Residential Subdivision, located on the west side of Scales Bend Road NE, approximately 1000 feet south of its intersection with 200th Street NE in Penn Twp.).

Glen Meisner of MMS Consultants spoke for the application.

RESOLUTION 03-08-07-Z1

RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF LOONEY TUNES ADDITION, JOHNSON COUNTY, IOWA.

Whereas, the owner has filed application S04049 (12386) for approval of a preliminary and final plat of Looney Tunes 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: Owners Certificate and Consent; Opinion of Attorney; Certificate of County Auditor; Treasurer’s Certificate; Subdivider’s Agreement; Consent of Mortgagee; Resolution Affirming the Stability of the Road System; Easement For Public Highway; B. Subdivision Plat: Plats 5, Acquisition Plats 6

Motion by Stutsman, second by Neuzil, to approve Resolution 03-08-07-Z1.

Subdivision Application #14682 of Philip E. Schrock requesting preliminary and final plat approval of Truman First Subdivision, a subdivision described as being located in the W 1/2 of the SE 1/4 of Section 16, Township 78 North, Range 7 West, of the 5th P.M. in Johnson County, Iowa  (This is a 1-lot, 11.04-acre, Farmstead Split, located on the north side of 520th Street SW, approximately 1/4 mile west of its intersection with James Avenue SW in Sharon Twp.).

Scott Ritter of Hart Frederick Consultants spoke for the application.

RESOLUTION 03-08-07-Z2

RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF TRUMAN FIRST SUBDIVISION, JOHNSON COUNTY, IOWA.

 

Whereas, the owner has filed application 14682 for approval of a preliminary and final plat of Truman First 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 and Consent; Opinion of Attorney; Certificate of County Auditor; Certificate of the Treasurer; Subdivider’s Agreement; Fence Agreement; Resolution Affirming the Stability of the Road System; Exhibit "A"; B. Subdivision Plat: Plats 5,

Motion by Stutsman, second by Sullivan, to approve Resolution 03-08-07-Z2.

Subdivision Application #14684 of MidAmerican Energy Company, Davenport, Iowa, requesting preliminary and final plat approval of Mid Am Subdivision, a subdivision described as being located in the SW 1/4 of the SE 1/4 of Section 29, Township 78 North, Range 6 West, of the 5th P.M. in Johnson County, Iowa  (This is a 1-Lot, 1.07-acre, Utility Subdivision, located on the north side of 560th Street SW, approximately 1/4 mile west of its intersection with Observatory Avenue SW in Liberty Twp.).

Glen Meisner of MMS Consultants and a representative from MidAmerican Energy spoke for the application.

RESOLUTION 03-08-07-Z3

RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF MIDAM SUBDIVISION, JOHNSON COUNTY, IOWA.

Whereas, the owner has filed application 14684 for approval of a preliminary and final plat of MidAm 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; Attorney's Title Opinion; Certificate of County Auditor; Treasurer’s Certificate; Subdivider’s Agreement; Fence Agreement; Resolution Affirming the Stability of the Road System (2 Copies); Soil Erosion and Sedimentation Control Plan; Site Grading Plan; B. Subdivision Plat: Plats 5

Motion by Sullivan, second by Meyers, to approve Resolution 03-08-07-Z3.

Subdivision Application #14699 of William Novak, signed by Tom Anthony of Landmark Surveying and Engineering, requesting preliminary and final plat approval of Novak Knoll, a subdivision described as being located in the NE 1/4 of the NE 1/4 of Section 11, Township 80 North, Range 8 West, and in the NW 1/4 of the NW 1/4 of Section 12, Township 80 North, Range 8 West, of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 10.24-acre, Farmstead Split, located on the east side of Echo Avenue NW, approximately 1/4 mile south of its intersection with 250th Street NW in Oxford Twp.).

Larry Lynch spoke for the application.

RESOLUTION 03-08-07-Z4

RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF NOVAK KNOLL, JOHNSON COUNTY, IOWA.

Whereas, the owner has filed application 14699 for approval of a preliminary and final plat of Novak Knoll, 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: Consent of Owner; Title Opinion; Certificate from County Auditor; Certificate of Treasurer; Subdivider’s Agreement; Consent of Mortgagee; Resolution Affirming the Stability of the Road System; Easement For Public Highway; Access Easement Agreement; B. Subdivision Plat: Plats 5, Acquisition Plats 6 - Exhibit A and B

Motion by Neuzil, second by Stutsman, to approve Resolution 03-08-07-Z4.

First consideration of an Ordinance amending the Fence Regulations of the Johnson County Unified Development Ordinance.

Planning and Zoning Administrator Rick Dvorak presented the proposed ordinance amending the Fence Regulations of the Johnson County Unified Development Ordinance.  No one from the public was present to speak.

Motion by Neuzil, second by Stutsman, to approve the ordinance amending the Fence Regulations of the Johnson County Unified Development Ordinance on first consideration.  Roll call: aye: Sullivan, Stutsman, Harney, Neuzil, Meyers.

Public Hearing closed at 6:02 p.m.

Motion by Stutsman, second by Sullivan, to approve the Sign Technician job description as part of the PPME Union contract beginning July 1, 2007.

RESOLUTION 03-08-07-01

AUTHORIZING WEIGHT EMBARGOES ON SECONDARY ROADS

Whereas, the recent weather conditions have caused soft subgrade and surface conditions to develop on some Secondary Roads; and

Whereas, it is deemed to be in the best public interest and welfare to preserve the road system in the best possible condition; and

Whereas, Sections 321.471, 321.472, and 321.473 of the Code of Iowa provide local authorities the right to restrict the weight of vehicles;

      Therefore, be it resolved that an embargo be authorized where necessary on the Secondary Roads System for Johnson County.  The County Engineer is authorized beginning on March 8, 2007, to restrict gross loads on certain sections of the road system showing extreme distress at this time.  He shall be authorized to restrict all traffic to an 8-ton gross load if necessary and to place temporary signs to comply with Section 321.472.

Motion by Stutsman, second by Meyers, to approve Resolution 03-08-07-01.

Motion by Sullivan, second by Stutsman, to approve the Mental Health/Developmental Disabilities Services Assistant Director job description and authorization to hire.

Recessed at 6:05 p.m.; reconvened at 7:12 p.m.

Motion by Sullivan, second by Stutsman, to enter Executive Session at 7:12 p.m. to discuss collective bargaining strategy for the Ambulance Department under section 20.17(3), Code of Iowa: “negotiating sessions, strategy meetings of public employees… shall be exempt from the provisions of chapter 21 (Official Meetings Open to the Public).”  Roll call: aye: Sullivan, Stutsman, Harney, Neuzil, Meyers.

Motion by Neuzil, second by Stutsman, to leave Executive Session at 7:20 p.m.  Roll call: aye: Sullivan, Stutsman, Harney, Neuzil, Meyers.

Motion by Stutsman, second by Sullivan, to accept the fact finders recommendation for the AFSCME agreement for the Ambulance Department.

Adjourned to informal meeting at 7:22 p.m.

/s/ Pat Harney, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Casie Kadlec, Recording Secretary

These minutes were sent for publication and formal approval on March 15, 2007.