MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
SEPTEMBER 11, 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.
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 Stutsman, to approve the minutes of the formal meeting of September 4, 2008.
Motion by Harney, second by Meyers, to approve the payroll authorizations submitted by department heads, as approved by a majority of the Supervisors.
Motion by Stutsman, second by Neuzil, to place on file the Clerk’s Report of Fees Collected for the month of August, 2008, in the amount of $12,977.30 as submitted by Clerk of District Court Lodema Berkley.
Convened Public Hearing on Platting Applications at 5:32 p.m.
Subdivision Application 15150 of Eldon Hotz requesting preliminary and final plat approval of E & N Hotz Second Subdivision, a re-subdivision of Lot 1 of E & N Hotz Subdivision described as being located in the SW 1/4 of the NE 1/4 of Section 3, Township 78 North, Range 5 West of the 5th P.M. in Johnson County, Iowa. This is a 1-lot farmstead of 1.58 acres with an agricultural outlot of 16.61 acres (This property is located on the east side of Vincent Avenue SE, approximately 3100 feet north of its intersection with 480th Street SE in Lincoln Twp.).
Stutsman asked for clarification on the set backs and the Board of Adjustment variance. Assistant Planner Josh Busard answered that in order to create that lot they had to apply for a variance for the other farm buildings in that area. Meyers stated that it is a setback from the lot line not from the road. Busard said correct. Stutsman said when they make any changes they'll have to comply with the setbacks. Neuzil said it is a strange place to cut through there; the garage is next to the house and now this lot is disconnecting those two. Busard replied that they are going to move all the agricultural buildings back to the farm and create a smaller residential area. Neuzil said it is really close to the house.
Mark Stein of MMS Consultants was present to answer questions.
RESOLUTION 09-11-08-Z1
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF E & N HOTZ SECOND SUBDIVISION, A RESUBDIVISION OF LOT 1, E & N SUBDIVISION, JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application 15150 for approval of a preliminary and final plat of E & N Hotz Second Subdivision, a Resubdivision of Lot 1 E & N Hotz 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 and Documents: Owner’s Acknowledgement of Consent; Attorney’s Title Opinion; Certificate of County Auditor; Certificate of County Treasurer; Subdivider’s Agreement; Common Access Easement Agreement; Fence Agreement; Consent by Mortgage Holder; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5).
Motion by Stutsman, second by Meyers, to approve Resolution 09-11-08-Z1.
Subdivision Application 15222 of Ellen Coan requesting preliminary and final plat approval of Ellensborough Addition, a subdivision described as being located in the NE 1/4 of the NW 1/4 of Section 28, Township 78 North, Range 5 West of the 5th P.M. in Johnson County, Iowa (This is a 1 lot, 2.26 acre, farmstead split located on the south side of 540th Street SE approximately 2000 feet east of its intersection with Utah Avenue SE in Lincoln Twp.).
Neuzil said he does not agree with the County Engineer on this application but understands why staff recommends denial. Harney asked for an explanation from the Department of Planning and Zoning. Busard stated that Planning and Zoning supports the recommendations of the County Engineer. Harney then asked if it qualifies other than the issue with the driveway. Busard said yes.
Mark Stein of MMS Consultants requested a 30 day deferral of the application.
Meyers said he is in favor of a deferral to allow more time to come up with a solution.
Motion by Stutsman, second by Neuzil, to defer Subdivision Application 15222 until 5:30 p.m. on October 9, 2008 and continue the public hearing.
Subdivision Application 15223 of Allan Serovy requesting preliminary and final plat approval of North Wapsi Bend Subdivision, a subdivision described as being located in the SE 1/4 of the NE 1/4 of Section 9, Township 81 North, Range 5 West of the 5th P.M. in Johnson County, Iowa (This is a 1 lot, 1.10 acre, farmstead split located on the north side of Sutliff Road NE at its intersection with Wapsi Road NE in Cedar Twp.).
In response to a question from Neuzil, Planning and Zoning Administrator Rick Dvorak said he does not remember the Zoning Commission recommending approval on a plat the County Engineer did not approve. Harney said he has difficulty turning down the application on the basis of the driveway because it was already approved by the previous County Engineer.
Mark Stein of MMS Consultants requested a 30 day deferral of the application.
Motion by Neuzil, second by Meyers, to defer Subdivision Application 15223 until 5:30 p.m. on October 9, 2008 and continue the public hearing.
Subdivision Application 15311 of Bart Stiffler requesting preliminary and final plat approval of Stiffler Addition, a subdivision described as being located in the SE 1/4 of the SE 1/4 of Section 3, Township 81 North, Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 5 acre farmstead split, located on the north side of 120th Street approximately 1 mile west of its intersection with Fisher Pond Road NE in Jefferson Twp.).
Mark Stein of MMS Consultants was present to answer questions.
RESOLUTION 09-11-08-Z2
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF STIFFLER ADDITION, JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application 15311 for approval of a preliminary and final plat of Stiffler 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 and Documents: Owner Acknowledgement of Consent; Attorney’s Title Opinion; Certificate of County Auditor; Certificate of County Treasurer; Subdivider’s Agreement; Owner’s Right of Way Dedication; Fence Agreement; Mutual Access Agreement; Acquisition Plat Document; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5); C. Acquisition Plat (5).
Motion by Harney, second by Meyers, to approve Resolution 09-11-08-Z2.
RESOLUTION 09-11-08-Z3
APPROVING THE FRINGE AREA AGREEMENT BETWEEN JOHNSON COUNTY, IOWA AND THE CITY OF SOLON, IOWA
Whereas, the 1998 Johnson County Land Use Plan as amended and updated calls for the preparation and adoption of development plans and agreements between the County and the City regarding municipality and its environs: and
Whereas, the Board of Supervisors finds that such policies are necessary to more effectively and economically provide services for future growth and development and to protect and preserve the fringe areas natural resources and its environmentally sensitive features, and
Whereas, the Board of Supervisors finds that it is in the public interest to adopt said Johnson County/Solon Fringe Area Agreement.
Now, therefore be it resolved by the Johnson County Board of Supervisors, that the following Johnson County/Solon Fringe Area Agreement, copies of which can be obtained at the Johnson County Planning and Zoning Office, Johnson County Auditor’s Office or at www.johnson-county.com, is hereby adopted.
Be it further resolved that this Johnson County/Solon Fringe Area Agreement shall become effective upon adoption of this Resolution.
Motion by Stutsman, second by Harney, to approve Resolution 09-11-08-Z3.
Public hearing closed at 5:55 p.m.
RESOLUTION 09-11-08-Z4
Whereas the Johnson County Planning and Zoning Commission, following a public hearing, on September 8, 2008, 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 October, 2008 at 5:30 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following:15312(Quint), 15339(Pence), 15342(Quint), 15410(Struzynski), 15411(Miller) 15412(Linn County Rural Electric Coop)and 15409(Lien).
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 09-11-08-Z4.
Motion by Stutsman, second by Harney, to submit a Notice of Intent (NOI) for Hazard Mitigation Grant Program Property Acquisition, to include 58 homes.
Motion by Harney, second by Neuzil, to deny Road Vacation 02-2008, a portion of Eagle Avenue N.W. Roll Call: aye: Harney, Neuzil, Meyers; nay: Stutsman, Sullivan.
Motion by Stutsman, second by Neuzil, to appoint Terry Cunningham, Shelli Lynn Meyer, Jeffrey Knox, and Roger Goedken and to reappoint Gillian Fox, Carol Porch, Martha Shaw, and Brett McCormick to the Mental Health/Disability Services Planning Council for a term ending June 30, 2011.
Motion by Neuzil, second by Meyers, to appoint Roger Goedken and Shelli Lynn Meyer and to reappoint Dr. Lowell Luhman and Gillian Fox to the Mental Health/Disability Services Targeted Case Management Advisory Board for a term ending June 30, 2011.
Motion by Stutsman, second by Meyers, to approve and authorize the Chairperson to send Lori Bears a letter of appreciation and certificate for serving on the Mental Health/Disability Services Planning Council.
Adjourned to informal meeting at 6:29 p.m.
/s/Rod Sullivan, Chair, Board of Supervisors
Attest: Tom Slockett, Auditor
By Nancy Tomkovicz, Recording Secretary
These minutes were sent for publication and formal approval on September 18, 2008.