MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
OCTOBER 9, 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 Neuzil, 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 October 1, 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 Neuzil, second by Stutsman, to place on file the Clerk’s Report of Fees Collected for the month of September, 2008, in the amount of $12,532.24, as submitted by Clerk of District Court Lodema Berkley.
Convened Public Hearing on Zoning and Platting Applications at 5:33 p.m.
Subdivision Application 15342 of Jeff Quint requesting preliminary and final plat approval of The Vineyard Subdivision, a subdivision described as being located in the NE 1/4 of the NE 1/4 of Section 17, Township 81 North, Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 2-outlot, 28.43 acre, residential subdivision located at the SW intersection of Marak Road and Highway 965 in Jefferson Township.)
RESOLUTION 10-09-08-Z1
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF THE VINEYARD SUBDIVISION JOHNSON COUNTY, IOWA
Whereas, the owner has filed application 15342 for approval of a preliminary and final plat of The Vineyard Subdivision.
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: Opinion of Attorney Owner’s Certificate; Certificate of County Auditor; Certificate of Treasurer; Subdivider’s Agreement; Fence Agreement; Consent of Mortgagee; Access Easement Agreement; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5).
Motion by Harney, second by Stutsman, to approve Resolution 10-09-08-Z1.
Zoning Application 15312 of Jeff and Laurie Quint requesting rezoning of 22.83 acres from CH-Highway Commercial to A-Agricultural and 4.62 acres from CH-Highway Commercial to R3-Residential of certain property described as being located in the NE 1/4 of the NE 1/4 of Section 17, Township 81 North, Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located at the southwest intersection of Marak Road and Highway 965 in Jefferson Township.)
Motion by Neuzil, second by Meyers, to waive the requirement of three considerations before amending an ordinance and to approve Application 15312 on first and second consideration. Roll call: aye: Harney, Stutsman, Sullivan, Neuzil, Meyers.
Zoning Application 15409 of Leslie Lien requesting rezoning of the West 1/2 of Lots 1 and 2, Block 6 from CH Highway Commercial to R Residential of certain property described as being in the S 1/2 of Section 9, Township 80 North, Range of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of Morse Road NE, approximately 220 feet east of its intersection with Putnam Street NE in Graham Township.)
Motion by Stutsman, second by Harney, to waive the requirement of three considerations before amending an ordinance and to approve Application 15409 on first and second consideration. Roll call: aye: Harney, Stutsman, Sullivan, Neuzil, Meyers.
Subdivision Application 15339 of Mike Pence, signed by Wade D. Larme, agent, requesting preliminary and final plat approval of Pence First Subdivision, a subdivision described as being located in the SW 1/4 of the NW 1/4 of Section 8, Township 81 North, Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 1-residential lot, 1 outlot, 6.69 acre, farmstead split located on the east side of Naples Avenue NE, approximately 2500 feet south of its intersection with 120th Street NE in Big Grove Township.)
Dan Hall of Hall and Hall Engineers was present to answer questions. Harney asked if wetlands were an issue. Hall said the ground in question was higher.
RESOLUTION 10-09-08-Z2
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF PENCE FIRST SUBDIVISION JOHNSON COUNTY, IOWA
Whereas, the owner has filed application 15339 for approval of a preliminary and final plat of Pence First Subdivision.
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: City of Ely Approval; Certificate of Owner; Certificate of County Auditor; Certificate of Treasurer; Subdivider’s Agreement; Title Opinion; Covenant Concerning Fences; Agricultural Access Easement; Exhibit A Legal Description; Exhibit B; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5).
Motion by Neuzil, second by Meyers, to approve Resolution 10-09-08-Z2.
Subdivision Application 15410 of Mary Struzynski requesting preliminary and final plat approval of Echo Ridge Subdivision, a subdivision described as being located in the NW 1/4 of the NW 1/4 of Section 14, Township 80 North, Range 8W of the 5th P.M. in Johnson County, Iowa (This is a 1 lot, 5 acre farmstead split located on the south side of 260th Street approximately 900 feet east of its intersection with Echo Avenue NW in Oxford Township.)
Scott Ritter of Hart-Frederick Consultants was present to answer questions.
RESOLUTION 10-09-08-Z3
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF ECHO RIDGE SUBDIVISION JOHNSON COUNTY, IOWA
Whereas, the owner has filed application 15410 for approval of a preliminary and final plat of Echo Ridge Subdivision.
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; Certificate of County Auditor; Certificate of County Treasurer; Covenant Concerning Fences; Subdivider’s Agreement; Title Opinion; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5).
Motion by Meyers, second by Stutsman, to approve Resolution 10-09-08-Z3.
Subdivision Application 15411 of Dale Miller requesting preliminary and final plat approval of Buds Third Subdivision, a subdivision described as being located in the S 1/2 of the SE 1/4 of Section 12, Township 78 North, Range 8W of the 5th P.M. in Johnson County, Iowa. (This is a 3 lot, 7.46 acre residential and commercial subdivision, located on the north side of 500th Street SW approximately 2000 feet west of its intersection with Highway 1 in Washington Township.)
Scott Ritter of Hart-Frederick Consultants was present to answer questions.
RESOLUTION 10-09-08-Z4
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF BUD’S THIRD SUBDIVISION, A RESUBDIVISION OF BUD’S FIRST AND SECOND SUBDIVISIONS JOHNSON COUNTY, IOWA
Whereas, the owner has filed application 15411 for approval of a preliminary and final plat of Bud’s Third Subdivision, a Resubdivision of Bud’s First, and Second Subdivisions.
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: Mortgagee’s Consent to Platting; Owner’s Certification & Consent; Opinion of Attorney; Certificate of County Auditor; Certificate of the Treasurer; Exhibit “A”; Subdivider’s Agreement; Fence Agreement; Grant of Access Easement; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5).
Motion by Neuzil, second by Meyers, to approve Resolution 10-09-08-Z4.
Subdivision Application 15412 of Linn County Rural Electric Coop signed by Wayne Ross requesting preliminary and final plat approval of Sutliff Substation Subdivision, a subdivision described as being located in the NW 1/4 of the SW 1/4 of Section 12, Township 81 North, Range 5 W of the 5th P.M. in Johnson County, Iowa (This is a 1 lot, 1 outlot, 40.53 acre agricultural subdivision. Lot 1 is 1.10 acres and outlot A is 39.43 acres (This subdivision is located on the south side of 130th Street approximately 1600 feet east of its intersection with White Oak Avenue NE in Cedar Township).
Mark Stein of MMS Consultants was present to answer questions.
RESOLUTION 10-09-08-Z5
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF SUTLIFF SUBSTATION SUBDIVISION JOHNSON COUNTY, IOWA
Whereas, the owner has filed application 15412 for approval of a preliminary and final plat of Sutliff Substation Subdivision.
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 Owners & Subdividers; Title Opinion; Certificate of County Auditor; Certificate of Treasurer; Subdivider’s Agreement; Covenant for Fences; Easement for Public Highway; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5); C. Acquisition Plat (5).
Motion by Harney, second by Stutsman, to approve Resolution 10-09-08-Z5.
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.)
Tim Grady spoke in favor of the application. He said Coan is not interested in another deferral. He said the driveway policy creates a hardship for farmstead splits, and the Board should reconsider exempting farmstead splits with existing driveways. Stutsman said staff has come up with a reasonable way to make the proposal compliant.
Meyers said the proposal was inconsistent with policy, and suggested the proposal be deferred while the Board considers the driveway policy. Assistant Planning and Zoning Administrator R.J. Moore said a boundary change reducing the size of the lot would not be considered a reapplication. Sullivan said approving the application as it stands would set a precedent.
Glenn Meisner of MMS Consultants, speaking in favor of the application, said the traffic count is only 30 vehicles per day, and the policy is not as binding as an ordinance. He said that sight distance is good, and not approving the proposal could lead to trucks loading in the roadway. Harney said if the second driveway is not going to be used for agricultural purposes, another applicant nearby had been turned down. Sullivan said staff proposed a reasonable solution that still gets the applicant what she wants. Neuzil said he does not like the existing policy.
Motion by Stutsman, second by Meyers, to defer Application 15222 until October 23, 2008 at 9:00 a.m.
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.)
Glenn Meisner of MMS Consultants, speaking in favor of the application, said the Serovys donated a driveway easement for Sutliff Road in 1993, and asked why the sight distance issue was not resolved at that time. Allen Serovy, speaking in favor of the application, said there is not another access to the field and a new access would require a lot of grading. Sullivan said combining the driveways would be a hardship and this is a rare case for an exception. Neuzil noted that it was the County that originally placed the driveways.
RESOLUTION 10-09-08-Z6
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF NORTH WAPSI BEND SUBDIVISION, JOHNSON COUNTY, IOWA
Whereas, the owner has filed application 15223 for approval of a preliminary and final plat of North Wapsi Bend 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’s Statement; Opinion of Attorney; Certificate of County Auditor; Certificate of County Treasurer; Subdivider’s Agreement; Covenant to Erect & Maintain Fence; Consent to Platting; Water Service Agreement; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5).
Motion by Neuzil, second by Stutsman, to approve Resolution 10-09-08-Z6.
Public Hearing closed at 6:39 p.m.
Motion by Stutsman, second by Meyers, to approve and authorize the Chairperson to sign a short-term lease renewal between Johnson County and AB Investments, LLC, for property located at 911 North Governor Street, Iowa City.
Motion by Neuzil, second by Meyers, to approve and authorize the Chairperson to sign the FY 2009 Videotaping Agreement in the amount of $285.00 per meeting between The Video Center and the Johnson County Board of Supervisors.
RESOLUTION 10-09-08-01
RESOLUTION OF NOTIFICATION OF INTENT TO APPLY FOR FUNDING FROM THE WASHINGTON COUNTY RIVERBOAT FOUNDATION FOR THE CONNECTING COMMUNITIES BY BIKE: THE CYCLIST’S ROAD-ROUTE MAP OF TOURISM FROM JOHNSON COUNTY TO NEIGHBORING COUNTIES
Whereas, the Washington County Riverboat Foundation will be accepting grant applications to assist in funding projects that are of special interest in the area of economic development; and
Whereas, Johnson County will be submitting an application requesting $15,500 for the Connecting Communities by Bike: The Cyclist’s Road-Route Map of Tourism from Johnson County to Neighboring Counties; and
Whereas, Johnson County will provide a match in the amount of $2,000; and
Whereas, Johnson County will conduct research to create and distribute a map of bicycle routes connecting Johnson County with surrounding counties calling attention to unique natural, historic, and commercial features along each route, such as Washington County’s Lake Darling State Park, Kalona Historical Village, and the Riverside Casino & Golf Resort; and
Whereas, this resolution provides that the Chairperson of the Johnson County Board of Supervisors have the authority to sign the grant application before it is submitted for consideration,
Now, therefore be it resolved, by the Johnson County Board of Supervisors, that a grant application will be completed, signed, and submitted to the Washington County Riverboat Foundation for their consideration to fund the project Connecting Communities by Bike: The Cyclist’s Road-Route Map of Tourism from Johnson County to Neighboring Counties in the amount of $15,500.
Motion by Stutsman, second by Meyers, to approve Resolution 10-09-08-01.
RESOLUTION 10-09-08-02
COUNTY OF JOHNSON, IOWA
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF JOHNSON, IOWA APPROVING THE APPLICATION(S) FOR THE PURPOSE OF RECEIVING BENEFITS FROM THE WASHINGTON COUNTY RIVERBOAT FOUNDATION.
Whereas, the Washington County Riverboat Foundation has grant funds available that target Community Development and Beautification, Economic Development, Arts and Education, Human and Social Needs, and
Whereas, the Washington County Riverboat Foundation has a grant application cycle that ends October 10, 2008, and
Whereas, the County of Johnson is supportive of these targets for improvements to the community and County, and
Whereas, one or more applications from the County of Johnson, and/or from organizations with projects that will take place on municipal property, will be submitted to the Washington County Riverboat Foundation by the October 10, 2008 deadline,
Now, Therefore Be It Resolved by the Board of Supervisors of the County of Johnson, Iowa that the County of Johnson authorizes the following grant applications to be submitted to the Washington County Riverboat Foundation for the October 10, 2008 application cycle:
1. Johnson County Ambulance for “Johnson County First Response Safety Education Program”
Motion by Stutsman, second by Meyers, to approve Resolution 10-09-08-02.
Motion by Harney, second by Stutsman, to approve and authorize the Chairperson to sign the contract and contractors bond with Vieth Construction Corporation for the Cottage Reserve Road – Lake McBride Shoreline Stabilization Project (L-Cottage--73-52) in the amount of $111,698.50.
Motion by Stutsman, second by Neuzil, to reappoint Judy Nauseef as a member representing the private sector including community interest groups, and to appoint Roger Goedken as a member representing the private sector including community interest groups, and to appoint Joel Grier as a member representing the utility industry to the Johnson County Integrated Roadside Vegetation Management Committee for terms ending June 30, 2011.
Adjourned to informal meeting at 6:58 p.m.
/s/Rod Sullivan, Chair, Board of Supervisors
Attest: Tom Slockett, Auditor
By John Deeth, Recording Secretary
These minutes were sent for publication and formal approval on October 16, 2008.