MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
DECEMBER 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 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 December 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 Harney, second by Neuzil, to place on file the Clerk’s Report of Fees Collected for the month of November, 2008, in the amount of $10,483.19, as submitted by Clerk of District Court Lodema Berkley.
Convened Public Hearing on Zoning and Platting Applications at 5:35 p.m.
Zoning Application 15413 of River Products Co signed by Todd A. Scott, V.P. General Counsel, requesting rezoning of 151.6 acres from R Residential to A Agricultural of certain property described as being in the W 1/2 of Section 1, Township 79 North, Range 7 of the 5th P.M. in Johnson County, Iowa (This property is located on the east side of Deer Creek Road SE approximately 3700 feet south of its intersection with Highway 6 in Clear Creek Township).
Assistant Planning and Zoning Administrator R.J. Moore said the Board has letters from the City of Iowa City and the applicant requesting continuation of this public hearing for 30 days at the January 8, 2009 meeting. Moore said the County Planning and Zoning Commission voted three to two to recommend approval contingent upon a signed agreement between the City of Coralville and River Products before any action by the Board of Supervisors. Moore said he is not sure that it is appropriate for the County to allow expansion of the quarry and that it should be done in Coralville. If they are allowed to expand prior to annexation, Moore said the County should make sure to identify and protect the 965 extension corridor and have the voluntary annexation agreement in place.
Motion by Harney, second by Stutsman, to defer Application 15413 for 30 days to the January 8, 2009 meeting and continue the public hearing. Roll call: aye: Harney, Stutsman, Sullivan, Neuzil, Meyers.
Zoning Application 15518 of Ali Ghabel requesting rezoning of 6.83 acres from A-Agricultural to ML-Light Industrial of certain property described as being in the SW 1/4 of the NE 1/4 of Section 32, Township 80 North, Range 8 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of 330th Street NW at its intersection with Black Hawk Avenue NW in Oxford Township).
Planning and Zoning Intern Taylor Newton recommended denial of Application 15518.
MMS Consultants Representative Glen Meisner, Eliza Ghabel, and Ali Ghabel spoke in favor of the application.
Neuzil said his main concern with the application is that it sprawls beyond the area previously identified as an economic development growth area when that area has not yet been filled in. He also has concerns because the staff and the Planning and Zoning Commission are not in favor of it.
R. Sullivan asked the applicant if he has ever considered a trade. A. Ghabel said compared to his location, his land is flat, it is close to the pavement, and he has 160 acres. If he has to buy land across the street he'll have to pay $1 million for the land and spend another $2 million to grade the land, and the traffic going north is almost twice as heavy as traffic going south. Ghabel said he could consider a trade but it is easier for him and suits he and his family best not to.
Meyers said the Board has a Land Use Plan with economic development areas mapped out. Meyers said he is concerned about setting precedence for rezoning. He said he does not have a lot of enthusiasm for the particular spot. Neuzil said if at a future date in time, the County identifies that area as an area to redevelop, he can see this as a possibility. However, right now, it does not fit into the plan.
Harney said he too has concerns about the location and about the increase of traffic into that area. He wondered if there is a safe place to locate a driveway. A. Ghabel said there is exactly a quarter of a mile, which is 600 feet, on each side. He noted that the legal requirement is 500 feet. Harney said that though that area is an ideal location it has never supported the business operations. A. Ghabel said he will bring new ideas to the location. He said he has good ideas that will attract business. Harney said America is about opportunity and he does not want to discourage entrepreneurship and providing for the Ghabel family.
Meiser noted that the map and policy were drawn up as a guide for the Board and staff and he doesn't think it's right to say if property is on one side of this line, it's good and if it's on the other side of the line it isn't good. The southwest corner of the property has a creek running through it and is probably in the flood plain. But it's on the map in the area zoned for commercial development. He recommended looking at each piece of property on its own.
Stutsman asked for clarification on what is allowed in a light industrial classification. Assistant Planner Josh Busard said the area can be used for anything except residential. He said all the uses Mr. Ghabel has listed would be appropriate in the light industrial. Stutsman asked why not commercial. Busard said commercial is more confined.
Moore said that he was unable to identify one zoning district to capture all the things that Ghabel was interested in building. Moore then advised Ghabel to apply for light industrial since that captures it all. Harney asked if garbage facilities could be build in light industrial. Moore said no. Stutsman asked if storage units would be accepted. Moore said yes.
Motion by Neuzil, second by Meyers, to deny Zoning Application 15518. Roll call: aye: Stutsman, Sullivan, Neuzil, Meyers; nay: Harney.
Subdivision Application 15517 of James Tandy requesting preliminary and final plat approval of Tandy Ward Subdivision, a subdivision described as being located in SE 1/4 of the SE 1/4 of Section 26 and the SW 1/4 of the SW 1/4 of Section 25 Township 80 North, Range 8 West of the 5th P.M. in Johnson County, Iowa (This is a 1 lot 2.49 acre farmstead split located on the north side of Copi Avenue NW approximately 4000 feet east of its intersection with Eagle Avenue NW in Oxford Township).
RESOLUTION 12-11-08-Z1
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND
SUBDIVIDER'S AGREEMENT OF TANDY WARD SUBDIVISION
JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application 15517 for approval of a preliminary and final plat of Tandy Ward 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 & Consent; Opinion of Attorney; Certificate of County Auditor; Certificate of County Treasurer; County Subdivider Agreement; Covenant Concerning Fences; Establishment of Easement; Consent of Mortgagee; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5).
Motion by Stutsman, second by Harney, to approve Resolution 12-11-08-Z1.
Public Hearing closed at 6:14 p.m.
RESOLUTION 12-11-08-Z2
Whereas the Johnson County Planning and Zoning Commission, following a public hearing, on December 8, 2008, filed its report and recommendations for certain actions;
Now, therefore, be it resolved as follows:
A public hearing in accordance with Section 335.6 of the Iowa Code is set for the 8th day of January, 2009 at 5:30 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following: 15554(Coan), 15556(Frees), and 15557(City of Iowa City).
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 12-11-08-Z2.
Motion by Neuzil, second by Meyers, to approve and authorize the Chairperson to sign the revised purchase agreement with the City of Iowa City for 504 South Capitol Street with a purchase price of $180,000, 510 South Capitol Street with a purchase price of $124,000 and, and 7 East Harrison Street with a purchase price of $180,000. The total purchase price will be $484,000.
Adjourned to informal meeting at 6:20 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 December 18, 2008.
Sent to the Board of Supervisors on December 15, 2008 at 11:00 a.m.