MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
MARCH 11, 2008
Chairperson Sullivan called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:00 a.m. Members present were: Pat Harney, Larry Meyers, Terrence Neuzil, Sally Stutsman, and Rod Sullivan.
Unless otherwise noted, all actions were taken unanimously.
PROCLAMATION 03-11-08-01
NATIONAL NUTRITION MONTH 2008
COUNTY OF JOHNSON, IOWA
Whereas, food is the substance by which life is sustained; and
Whereas, the type, quality, and amount of food that individuals consume each day plays a vital role in their overall health and physical fitness; and
Whereas, poor nutritional choices is a risk factor in three of the top ten leading causes of death to Johnson County residents; and
Whereas, reducing obesity, particularly childhood obesity, has been selected as one of the health priorities by the Community Health Needs Assessment Committee in Johnson County; and
Whereas, there is a need for continuing nutrition education and a wide-scale effort to enhance good eating practices;
Now, Therefore, be it resolved that we, the Johnson County Board of Supervisors of Johnson County, Iowa DO HEREBY PROCLAIM the month of March NATIONAL NUTRITION MONTH in Johnson County, Iowa, and said Board encourages all citizens to join the campaign and become concerned about their nutrition and the nutrition of others in the hope of achieving optimum health for both today and tomorrow.
Motion by Stutsman, second by Meyers, to approve Proclamation 03-11-08-01.
Motion by Stutsman, second by Meyers, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors.
Motion by Meyers, second by Harney, to approve the minutes of the formal meetings of March 6, 2008.
Motion by Neuzil, second by Harney, to approve the payroll authorizations submitted by department heads, as approved by a majority of the Supervisors.
Convened Public Hearing on Zoning and Platting applications at 9:06 a.m.
Zoning Application 15126 of Dorothy Kiracofe, Carolyn Kiracofe Attorney in Fact, signed by Kirk Hiland, requesting rezoning of 0.21 acres from MH-Heavy Industrial to C-Commercial of certain property described as being Lot 2 of Kiracofe’s Subdivision located in the NW 1/4 of the NW 1/4 of Section 9, Township 81 North, Range 7 West, of the 5th P.M. in Johnson County, Iowa (This property is located at 2601 120th Street NW in the southeast corner of the intersection of Highway 965 NW and 120th Street NW in Jefferson Twp).
R. Sullivan asked what sort of redevelopment was being considered. Kirk Hiland, speaking for the application, answered that the current site plan was dead, and the rezoning was merely to bring the lot into compliance and facilitate sale of the lot.
Motion by Stutsman, second by Meyers, to waive the requirement of three considerations before amending an ordinance and to approve Application 15126 on first and second consideration. Roll call: aye: Sullivan, Stutsman, Harney, Neuzil, Meyers.
Zoning Application 15127 of Twin County Dairy, signed by Glen Meisner of MMS Consultants, requesting rezoning of 18.19 acres from A-Agricultural to ML-Light Industrial of certain property described as being in the NE 1/4 of the SE 1/4 of Section 24, Township 78 North, Range 8 West, of the 5th P.M. in Johnson County, Iowa (This property is located 1700 feet on the north side of 540th Street SW approximately 700 feet west of its intersection with Highway 1 SW in Washington Twp).
Glen Meisner of MMS Consultants spoke for the application.
Motion by Harney, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve Application 15127 on first and second consideration. Roll call: aye: Sullivan, Stutsman, Harney, Neuzil, Meyers.
Subdivision Application 15040 of Gayle Stratton requesting preliminary and final plat approval of Scout Grabin Acres, a subdivision described as being located in the W 1/2 of Section 8, Township 80 North, Range 8 West and the E 1/2 of Section 7, Township 80 North, Range 8 West of the 5th P.M. in Johnson County, Iowa and auditor’s parcel 2007115 (This is a 1 lot, 8.16 acre, Farmstead Split located on the north side of Highway 6 NW approximately 3000 feet west of its intersection with Black Hawk Road NW in Oxford Twp).
Mark Stein of MMS Consultants was present to answer questions. Jerry Zimmerman said he was concerned that this could be an initial step to rezone a larger parcel adjacent to his property. Meyers said only one farmstead split was allowed for the parent farm. Assistant County Attorney Andy Chappell said to the extent that the farms are adjacent, it would all be tied up by the one farmstead split, but the owners could get another farmstead split for a non-adjacent property. Stutsman said the owners could request rezoning, but approval by the current Board would be unlikely.
RESOLUTION 03-11-08-Z1
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF SCOUT GRABIN ACRES, JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application 15040 for approval of a preliminary and final plat of Scout Grabin Acres, 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 of Oxford; Certificate of Owner; Title Opinion; Certificate of County Auditor; Certificate of County Treasurer; Subdivider's Agreement; Covenant for Fences; Fence Agreement (Villhauer); Fence Agreement (Hruby); Access Agreement (Villhauer); Access Agreement (Hruby); B. Plats: Subdivision Plats (5); Resolution Affirming the Stability of the Current Road System; Covenant for Road Maintenance & Access Easement
Motion by Neuzil, second by Meyers, to approve Resolution 03-11-08-Z1.
Subdivision Application 15007 of Ruth Meyer Estate, signed by Robert E. Ross, Executor, requesting preliminary and final plat approval of Meyers Bayertown Road Subdivision, a subdivision described as being located in the NW 1/4 of the NW 1/4 and SW 1/4 of the NW 1/4 of Section 24, Township 78 North, Range 7 West, of the 5th P.M. in Johnson County, Iowa (This is a 2 lot Farmstead Split, with a 5.00 acre buildable lot and 3.93 acre non-buildable agricultural outlot, located at 3224 Bayertown Road SW at the northeast intersection of Bayertown Road SW and Lackender Avenue SW in Sharon Twp).
RESOLUTION 03-11-08-Z2
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF MEYERS BAYERTOWN ROAD SUBDIVISION, JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application 15007 for approval of a preliminary and final plat of Meyers Bayertown Road 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; Opinion of Attorney; Certificate of County Auditor; Certificate of County Treasurer; Subdivider's Agreement; Fence Agreement Statement; Right of Way Covenant; Agricultural Access Easement Agreement; Easement for Public Highway; B. Plats: Subdivision Plats (5); Resolution Affirming the Stability of the Current Road System.
Motion by Stutsman, second by Meyers, to approve Resolution 03-11-08-Z2. Roll call: aye: Harney, Stutsman; Sullivan, Meyers; abstain: Neuzil.
Subdivision Application 15084 of Ken Prather requesting preliminary and final plat approval of Prather Second Subdivision, a resubdivision of Lot 2, Prather Subdivision No. 1, a subdivision described as being located in the NW 1/4 of the SE 1/4 of Section 28, Township 80 North, Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 2 lot, 2.47 acre, Residential Subdivision located on the west side of Dubuque Street NE approximately 1100 feet north of its intersection with Hensleigh Drive NE in Penn Twp).
Mark Stein of MMS Consultants was present to answer questions.
RESOLUTION 03-11-08-Z3
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF PRATHER SECOND SUBDIVISION, JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application 15084 for approval of a preliminary and final plat of Prather 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: Approval of Coralville; Owner Certificate & Subdividers; Title Opinion; Certificate of County Auditor; Certificate of County Treasurer; Subdivider's Agreement; Consent to Platting by Mortgage Holder; Covenant for Shared Well and Water Main Easement; B. Plats: Subdivision Plats (5): Acquisition Plats (6); Resolution Affirming the Stability of the Current Road System; Driveway Construction and Maintenance Agreement; Access Easement Agreement; Easement for Public Highway.\
Motion by Harney, second by Meyers, to approve Resolution 03-11-08-Z3.
Subdivision Application 15115 of Richard Wonick requesting preliminary and final plat approval of Wonicks First Addition, a subdivision described as being located in the NE 1/4 of the NE 1/4 if Section 25, Township 80 North, Range 6 West, of the 5th P.M. in Johnson County, Iowa (This is a 1 Lot, 5.00 Acre, Farmstead Split, located at the southeast corner of the intersection of Buchmeyer Bend Road NE and Wonick Lane NE in Newport Twp).
RESOLUTION 03-11-08-Z4
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF WONICKS FIRST ADDITION, JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application 15115 for approval of a preliminary and final plat of Wonicks 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: Owner Certificate; Title Opinion; Certificate of County Auditor; Treasurer’s Certificate; Subdivider's Agreement; Fence Line Deed Restriction; Easement for Public Highway; Right of Way Covenant; Exhibit A; B. Plats: Plats (5); Acquisition Plats (6); Resolution Affirming the Stability of the Current Road System.
Motion by Neuzil, second by Meyers, to approve Resolution 03-11-08-Z4.
Subdivision Application 15129 of Robert Ford requesting preliminary and final plat approval of Ford Farmstead, a subdivision described as being located in the SW 1/4 of the SE 1/4 of Section 12, Township 77 North, Range 5 West, of the 5th P.M. in Johnson County, Iowa (This is a 1 Lot, 4.82 Acre, Farmstead Split, located on the north side of 620th Street SE approximately 3800 feet east of its intersection with Wapello Avenue SE in Fremont Twp).
Tom Anthony of Landmark Surveying and Engineering was present to answer questions.
RESOLUTION 03-11-08-Z5
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF FORD FARMSTEAD, JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application 15129 for approval of a preliminary and final plat of Ford Farmstead, 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 & Consent to Platting; Opinion of Attorney; Certificate of County Auditor; Certificate of County Treasurer; Subdivider's Agreement; Fence Agreement; Mortgagee’s Consent to Platting; Legal Description – Ford Farmstead; B. Plats: Plats (5); Resolution Affirming the Stability of the Current Road System.
Motion by Stutsman, second by Harney, to approve Resolution 03-11-08-Z5.
Public Hearing closed at 9:50 a.m.
RESOLUTION 03-11-08-Z6
Whereas, the Johnson County Planning and Zoning Commission, following a public hearing, on March 10, 2008 files 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 April, 2008 at 5:30 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following rezoning application: 15146 (Syngenta Seeds Inc.), and on the following subdivision application: 15116 (Dennis Erenberger).
2. That the Johnson County Auditor be authorized to publish the official notice of above public hearing.
Motion by Stutsman, second by Meyers, to approve Resolution 03-11-08-Z6.
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 8, 2008 at 9:00 a.m. for the 2008 Johnson County Dust Control Safety Program (calcium chloride application to portions of Johnson County rock surfaced roads).
Motion by Stutsman, second by Meyers, to approve and authorize the Auditor to publish a Notice to Bidders setting a bid letting date of April 8, 2008 at 9:00 a.m. for the 2008 Seed and Fertilizer Program (various locations).
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 8, 2008 at 9:00 a.m. for the 2008 Bituminous Resurfacing Program (various locations).
RESOLUTION 03-11-08-B1
ADOPTING THE FISCAL YEAR 2008-2009 COUNTY BUDGET
AND CERTIFICATE OF TAXES
Whereas, the Board of Supervisors conducted a public hearing on March 6, 2008 whereupon the proposed fiscal year 2008-2009 county budget was presented to the citizens of Johnson County; and
Whereas, the citizens of Johnson County were invited to comment on the proposed fiscal year 2008-2009 county budget, as duly published in the official publications of Johnson County; and
Whereas, the Board of Supervisors appreciates the attendance at the public hearings and the comments from citizens who spoke at the public hearings, and encourages all citizens to be informed and participate in county government; and
Whereas, the Board of Supervisors has carefully taken into consideration the opinions expressed at the public hearing.
Therefore, be it resolved that the fiscal year 2008-2009 county budget and certificate of taxes is adopted as per the Proposed Johnson County Budget Summary for fiscal year 2008-2009
Motion by Neuzil, second by Meyers, to approve Resolution 03-11-08-B1. Roll call: aye: Sullivan, Neuzil, Meyers; nay: Harney, Stutsman.
Motion by Neuzil, second by Harney, to approve the new Ambulance Department service rates.
Motion by Stutsman, second by Meyers, to approve and authorize the Chairperson to sign a letter of waiver of right to meet in consultation with the City Council of Swisher, Iowa, and the Jefferson Township Trustees of Johnson County, Iowa, regarding an application for annexation to the City of Swisher, Iowa.
Motion by Stutsman, second by Meyers, to approve the reclassification of the vacant Planning and Zoning Secretary I position to a Clerk II.
Motion by Harney, second by Stutsman, to appoint Robert Conrad to the Johnson County Zoning Commission for an unexpired term ending December 31, 2010.
Motion by Stutsman, second by Neuzil, to approve and authorize the Chairperson to sign contracts with Fugro Horizons, Inc. for 2008 orthophotography and Dan Corbin, Inc. for review of 2008 orthophotography.
Adjourned to informal meeting at 10:40 a.m.
______________________________________________________________________
Rod Sullivan, Chair, Board of Supervisors
______________________________________________________________________
Attest: Tom Slockett, Auditor
By:
On the _______ day of _____________________, 2008
By Casie Kadlec, Recording Secretary
These minutes were sent for publication and formal approval on March 19, 2008.
Sent to the Board of Supervisors on March 18, 2008 at 9:00 a.m.