MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
APRIL 10, 2008
Chairperson Sullivan 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.
PROCLAMATION 04-10-08-01
NATIONAL POETRY MONTH 2008
APRIL 1-30, 2008
Whereas, the Academy of American Poets established the month of April as National Poetry Month in 1996; and
Whereas, National Poetry Month seeks to highlight the extraordinary legacy and ongoing achievement of American poets; introduce Americans to the pleasures and benefits of reading poetry; bring poets and poetry to the public in immediate and innovative ways; make poetry an important part of our children's education; and
Whereas, as National Poetry Month, under the leadership and direction of the Academy of American Poets, is now the largest literary celebration in the world; and
Whereas, poetry enhances and enriches the lives of all Americans, particularly those of us in Johnson County, Iowa, home of the University of Iowa Writer’s Workshop; and
Whereas, poetry, as an essential part of the arts and humanities, affects every aspect of life in America today, including education, the economy, and community pride and development; and
Whereas, poetry has produced some of the nation's leading creative artists and has inspired other artists in fields such as music, theatre, film, dance, and the visual arts; and
Now, therefore, be it resolved that we, the Johnson County Board of Supervisors, do hereby proclaim April 1-30, 2008, as National Poetry Month.
I call upon public officials, educators, librarians, and all the people of Johnson County, Iowa to observe this month, to celebrate the cultural riches our community has to offer, and to recognize the important role poetry in creating and sustaining this great nation with appropriate ceremonies, activities, and programs. In Witness Whereof, I have hereunto set my hand this 10th day of April, in the year 2008.
Motion by Stutsman, second by Meyers, to approve Proclamation 04-10-08-01.
PROCLAMATION 04-10-08-02
NATIONAL CRIME VICTIMS’ RIGHTS WEEK
APRIL 13 – 19, 2008
Whereas, 23 million Americans are victims of crime each year; and of those, 5.2 million are victims of violent crime; and
Whereas, a just society acknowledges crime’s impact on individuals, families, and communities by ensuring that rights, resources, and services are available to help rebuild lives;
Whereas, victims’ rights are a critical component of the promise of “justice for all,” the foundation for our system of justice in America;
Whereas, although our nation has steadily expanded rights, protections, and services for victims of crime, too many victims are still not able to realize the hope and promise of these gains;
Whereas, we must do better to ensure services are available for underserved segments of our population, including crime victims with disabilities, victims with mental illness, victims who are teenagers, victims who are elderly, victims in rural areas, and victims in communities of color; and
Whereas, observing victims’ rights and treating victims with dignity and respect serves the public interest by engaging victims in the justice system, inspiring respect for public authorities, and promoting confidence in public safety; and
Whereas, America recognizes that we make our homes, neighborhoods, and communities safer and stronger by serving victims of crime and ensuring justice for all; and
Whereas, Our nation must strive to protect, expand, and observe crime victims’ rights so that there truly is justice for victims and justice for all; and
Whereas, National Crime Victims’ Rights Week—April 13-19, 2008—provides an opportunity for us to strive to reach the goal of justice for all by ensuring that all victims are afforded their legal rights and provided with assistance as they face the financial, physical, and psychological impact of crime, and
Whereas, Johnson County is joining forces with victim service programs, criminal justice officials, and concerned citizens throughout Johnson County and America to raise awareness about victims’ rights and observe the 28th National Crime Victims’ Rights Week;
Now, Therefore, Be It Resolved, that we, the Johnson County Board of Supervisors of Johnson County, Iowa, do hereby proclaim the week of April 13–19, 2008, to be
National Crime Victims' Rights Week
And affirm this county’s commitment to respect and enforce victims’ rights and address their needs during National Crime Victims’ Rights Week and throughout the year;
And Be It Further Resolved, that we express our appreciation for those victims and crime survivors who have turned personal tragedy into a motivating force to improve our response to victims of crime and build a more just community.
Motion by Harney, second by Neuzil, to approve Proclamation 04-10-08-02.
Motion by Neuzil, second by Stutsman, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors.
Motion by Meyers, second by Stutsman, to approve the minutes of the formal meetings of April 3, 2008 and April 8, 2008.
Motion by Harney, second by Meyers, 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 5:47 p.m.
Zoning Application 15146 of Syngenta Seeds, Inc., signed by Eric Snoke, requesting rezoning of 2.69 acres from A Agricultural to C-AG Commercial of certain property described as being in the NW 1/4 of the NE 1/4 of Section 11, Township 77 North, Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located on the south side of Highway 22 SE, approximately 1 1/2 miles east of the intersection of Highway 22 and Wapsi Avenue SE in Fremont Twp).
Glenn Meisner of MMS Consultants was present to answer questions.
Motion by Stutsman, second by Harney, to waive the requirement of three considerations before amending an ordinance and to approve Application 15146 on first and second consideration. Roll call: aye: Harney, Stutsman, Sullivan, Neuzil, Meyers.
Subdivision Application 15116 of Dennis Erenberger requesting preliminary and final plat approval of Sand Burr Hill Subdivision, a subdivision described as being located in the NE 1/4 of the NW 1/4 of Section 3, Township 81 North, Range 6 West, of the 5th P.M. in Johnson County, Iowa (This is a 1 Lot, 4.13 Acre, Farmstead Split, located on the west side of Polk Avenue NE approximately 500 feet south of its intersection with Seven Sisters Road NE in Big Grove Twp).
Meyers said he would support the application but did not generally approve of flagpole lots.
RESOLUTION 04-10-08-Z1
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF SAND BURR HILL SUBDIVISION, JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application 15116 for approval of a preliminary and final plat of Sand Burr Hill 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; Title Opinion with Exhibit A; Certificate of County Auditor; Treasurer’s Certificate ; Subdivider's Agreement with Exhibit A; Fence Agreement with Exhibit A; Resolution Affirming the Stability of the Current Road System; Easement Agreement with Exhibit A & B; Easement for Public Highway with Exhibit A; Acquisition Plat Documents; Subdivision Plat (5); Acquisition Plat (6).
Motion by Neuzil, second by Harney, to approve Resolution 04-10-08-Z1.
Public Hearing closed at 5:56 p.m.
Motion by Stutsman, second by Meyers, to accept the County Auditor’s Quarterly Report of Fees Collected for the quarter ending March 31, 2008, in the amount of $108,439.35, as submitted by County Auditor Tom Slockett.
Motion by Neuzil, second by Meyers, to place on file the Clerk’s Report of Fees Collected for the month of March, 2008, in the amount of $14,911.58, as submitted by Clerk of District Court Lodema Berkley.
Motion by Stutsman, second by Meyers, to approve the draft job description for the Clerk I for Johnson County Social Services.
RESOLUTION 04-10-08-01
VACATING A PORTION OF SAND ROAD SE NORTH OF NURSERY LANE SE
Whereas, a public hearing was held on Thursday, March 27, 2008, at 9:00 a.m. in the Board Room of the Johnson County Board of Supervisors on the proposed vacation and closure of a portion of Sand Road SE north of Nursery Lane SE, described as follows:
(Road Vacation 01-2008) To vacate all of Johnson County’s interest in that portion of the SW 1/4 NW 1/4, Section 35, Township 79 North, Range 6 West, of the 5th P.M., Johnson County, Iowa, being portions of existing County public road Right-of-Way easements as defined in 1938 and 1954 County Project #2437(I), and 2004 acquisition recorded in Book 3772 – Page 454 and Plat Book 47 – Page 317, Johnson County Recorder’s Office described as follows:
Commencing at the West 1/4 corner of said Section 35 as recorded in Plat Book 34 – Page 295; thence N 88°38’11” E – 996.08 feet along the center 1/4 line of said Section 35; thence N 01°21’49” W – 33.00 feet to the intersection of the east line of said County ROW Easement and the north line of the City of Iowa City Fee ROW as recorded in Book 1066 – Page 266, which is the Point of Beginning; thence S 88°38’11” W – 125.87 feet along the north line of said City ROW extended west to a point 60 feet normal northeasterly from design centerline of said 2004 acquisition; thence N 34°03’54” W – 1064.00 feet to a point 60 feet normal northeasterly from design PC Sta. 204 + 29.52; thence N 32°54’54” W – 162.08 feet to a point 55 feet normal northeasterly from design centerline Sta. 205 + 97.44, which point is also on the northeasterly line of said existing 1954 ROW line; thence S 40°05’56” E – 972.52 feet along said 1954 ROW line; thence Southeasterly – 327.50 feet along said 1954 ROW line along a 1574.68 foot radius curve concave westerly with central angle of 11°54’59” and chord of S 34°08’26” E – 326.91 feet to the Point of Beginning.
Said Vacation Parcel contains 1.95 Acres.
Whereas, no objections were received on Road Vacation 01-2008; and
Whereas, said part of present right of way is no longer required for use by the public for highway purposes and will not hereafter be required for construction or maintenance purposes for any highway;
Therefore, be it resolved that all of the above described street, together with any and all rights of Johnson County in and to the same are hereby closed, vacated, and abandoned, and Johnson County hereby disclaims any right, title or interest in and to said part of present right of way to the use thereof, for any purpose whatsoever.
Motion by Neuzil, second by Stutsman, to approve Resolution 04-10-08-01.
RESOLUTION 04-10-08-02
POSTING WEIGHT LIMITS ON JOHNSON COUNTY STRUCTURE NUMBER F-3-1
Whereas, the Johnson County Secondary Roads Department, following the guidelines of a continued structure inspection program; and
Whereas, all bridges are inspected, analyzed, and rated; and
Whereas, the Operating Rating for Johnson County Structure Number F-3-1, located in Section 34, Township 81 North, Range 7 West, has been lowered to 10 Tons.
Therefore be it resolved by the Johnson County Board of Supervisors upon recommendation of the County Engineer that the 10-Ton load limit for all vehicles be established on the above structure and its approaches, and that the load limit shall be legal, valid and enforceable under the provision of the Code of Iowa, effective immediately.
Motion by Meyers, second by Stutsman, to approve Resolution 04-10-08-02.
Motion by Stutsman, second by Meyers, to approve and authorize the Chairperson to sign an Application for Fireworks Permit for Andy Neuzil, 213 Oak Street, Hills, on April 26, 2008.
Adjourned to informal meeting at 6:08 p.m.
______________________________________________________________________
Rod Sullivan, Chair, Board of Supervisors
______________________________________________________________________
Attest: Tom Slockett, Auditor
By:
On the _______ day of _____________________, 2008
By John Deeth, Recording Secretary
These minutes were sent for publication and formal approval on April 17, 2008.
Sent to the Board of Supervisors on April 14, 2008 at 3:15 p.m.