MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
FEBRUARY 12, 2009
Chairperson Neuzil called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 5:31 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 Sullivan, second by Meyers, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors.
Motion by Stutsman, second by Meyers, to approve the minutes of the Formal meeting of February 5, 2009, and the February 10, 2009 Canvass of Votes for the Clear Creek Amana Community School District Election.
Motion by Harney, second by Sullivan, to approve the payroll authorizations submitted by department heads, as approved by a majority of the Supervisors.
Motion by Stutsman, second by Sullivan, to place on file the Clerk’s Report of Fees Collected for the month of January, 2009, in the amount of $12,369.31 as submitted by Clerk of District Court Lodema Berkley.
Convened Public Hearing on Zoning and Platting Applications at 5:34 p.m.
Zoning Application 15572 of Karol Brenneman requesting rezoning of 0.31 acres from A-Agricultural to R-Residential of certain property described as being in the NE 1/4 of the NW 1/4 of Section 31, Township 78 North, Range 8 West of the 5th P.M. in Johnson County, Iowa. This property is located on the south side of 560th Street SW approximately 1/2 mile east of its intersection with Johnson Iowa Road SW in Washington Township.
Hart-Frederick Consultants Representative Scott Ritter was present to answer questions.
Motion by Harney, second by Meyers, to waive the requirement of three considerations before amending an ordinance and to approve Application 15572 on first and second consideration. Roll call: aye: Harney, Stutsman, Neuzil, Sullivan, Meyers.
Subdivision Application 15573 of Karol Brenneman requesting preliminary and final plat approval of Brennemans Third Subdivision, a Resubdivision of Lot 1 Willard Brennemans Second Subdivision and Auditors Parcel 2008109 and a portion of NE 1/4 of the NW 1/4 of Section 31-78-08, a subdivision described as being located in the NE 1/4 of the NW 1/4 of Section 31 Township 78, Range 8 West of the 5th P.M. in Johnson County, Iowa. This is a 2 lot 2.80 acre residential subdivision containing 1 residential lot and 1 outlot located on the south side of 560th Street SW approximately 1/2 mile east of the intersection with Johnson Iowa Road SW in Washington Township.
Hart-Frederick Consultants Representative Scott Ritter was present to answer questions.
Assistant Planning and Zoning Administrator R.J. Moore recommended the Board first finalize Zoning Application 15572 and defer Subdivision Application 15573 and continue the Public Hearing until February 19, 2009. After the Board has taken final action on the zoning, then they can approve Subdivision Application 15573.
Motion by Sullivan, second by Meyers, to defer Subdivision Application 15573 until February 19, 2009, and continue the public hearing.
Subdivision Application 15574 of Mike Bender requesting preliminary and final plat approval of Joshua Second Subdivision, a Resubdivision of Lot 1 Joshua First Subdivision, a subdivision described as being located in the NW 1/4 of NW 1/4 of Section 21 Township 81 North, Range 6 West of the 5th P.M. in Johnson County, Iowa. This is a 2 lot residential subdivision of approximately 6.13 acres located on the north side of Highway 382 NE approximately 80 feet east of its intersection with Oak Avenue NE in Big Grove Township.
Hart-Frederick Consultants Representative Scott Ritter was present to answer questions.
RESOLUTION 02-12-09-Z1
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF JOSHUA SECOND SUBDIVISION JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application 15574 for approval of a preliminary and final plat of Pedersen Place, 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 Acknowledgement of Consent; Attorney’s Title Opinion; Certificate of County Auditor; Certificate of County Treasurer; Subdividers Agreement; Consent by Mortgage Holder; Septic System Easement Agreement; Common Access Easement Agreement; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5).
Motion by Stutsman, second by Sullivan, to approve Resolution 02-12-09-Z1.
Subdivision Application 15576 of Timber View Farms Ltd C/O Robert Dvorsky requesting preliminary and final plat approval of Timber View Ridge a subdivision described as being located in the NE 1/4 of the SE 1/4 of Section 34 and the NW 1/4 of the SW 1/4 of Section 35 Township 81 North, Range 6 West of the 5th P.M. in Johnson County, Iowa. This is a 1 lot 5.31 acre, farmstead split located on the south side of 210th Street NE approximately 700 feet east of its intersection with Poplar Avenue NE in Big Grove Township.
Landmark Surveying and Engineering Representative Tom Anthony was present to answer questions.
RESOLUTION 02-12-09-Z2
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF TIMBER VIEW RIDGE JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application 15576 for approval of a preliminary and final plat of Timber View Ridge, 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: Treasurer’s Certificate; Owners’ Certificate; Title Opinion; Certificate from County Auditor; Subdividers Agreement; Fence Agreement; Grant of Easement for Agricultural Purposes; Exhibit A; 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 Meyers, to approve Resolution 02-12-09-Z2.
Subdivision Application 15577 of Thomas and Darcy Miller requesting preliminary and final plat approval of Jordan Creek Acres, a subdivision described as being in the E 1/2 of the NW 1/4 of Section 36 Township 81 North, Range 6 West of the 5th P.M. in Johnson County, Iowa. This is a 1 lot 2.85 acre, farmstead split located on the north side of Jordan Creek Road NE approximately 2500 feet east of its intersection with Racine Avenue NE in Big Grove Township.
Meyers asked why the City of Solon is not required to weigh in on this. Assistant Planner Josh Busard said according to the Fringe Area Agreement they waive review of all subdivisions of three lots or less.
MMS Consultants Representative Glen Meisner was present to answer questions.
RESOLUTION 02-12-09-Z3
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF JORDAN CREEK ACRES JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application 15577 for approval of a preliminary and final plat of Jordan Creek 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: Dedication and Acknowledgement; Title Opinion; Certificate of County Auditor; Certificate of County Treasurer; Subdividers Agreement; Covenant & Agreement Relating to Fences; Consent to Jordan Creek Acres; Easement for Public Highway; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5); C. Acquisition Plat (5).
Motion by Sullivan, second by Harney, to approve Resolution 02-12-09-Z3.
Subdivision Application 15578 of Daniel Pedersen requesting preliminary and final plat approval of Pedersen Place, a subdivision described as being located in the SW 1/4 of the SE 1/4 of Section 2 Township 79 North, Range 5 West of the 5th P.M. in Johnson County, Iowa. This is a 1 lot 2.99 acre farmstead split located on the north side of Herbert Hoover Highway NE approximately 2000 feet west of its intersection with Oasis Road NE in Scott Township.
MMS Consultants Representative Glen Meisner was present to answer questions.
RESOLUTION 02-12-09-Z4
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF PEDERSEN PLACE JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application 15578 for approval of a preliminary and final plat of Pedersen Place, 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: Resolution No. 857; Certificate of Owners & Subdividers; Title Opinion; Certificate of County Auditor; Certificate of Treasurer; Subdividers Agreement; Covenant for Fences; Covenant for Access Easement; Easement for Public Highway; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5); C. Acquisition Plat (5).
Motion by Meyers, second by Sullivan, to approve Resolution 02-12-09-Z4.
Subdivision Application 15579 of Eric and Emmy Quaintance requesting preliminary and final plat approval of Quaintance Addition, a subdivision described as being located in the SE 1/4 of the NW 1/4 of Section 6 Township 81 North, Range 5 West of the 5th P.M. in Johnson County, Iowa. This is a 1 lot 4.78 acre farmstead split located on the north side of 110th Street NE approximately 3700 feet west of its intersection with Taft Avenue NE in Cedar Township.
MMS Consultants Representative Glen Meisner was present to answer questions.
Sullivan said the hill and curve are tremendously steep and asked where the existing driveway is located. Assistant Planner Josh Busard said all sight distance and safety requirements have been met for the driveway.
RESOLUTION 02-12-09-Z5
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND
SUBDIVIDER'S AGREEMENT OF QUAINTANCE ADDITION
JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application 15579 for approval of a preliminary and final plat of Quaintance 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: Certificate of County Auditor; Owners’ Certificate and Consent; Opinion of Attorney; Certificate of County Treasurer; Subdividers Agreement; Fence Agreement; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5).
Motion by Harney, second by Stutsman, to approve Resolution 02-12-09-Z5.
Public Hearing closed at 5:54 p.m.; reconvened Public Hearing of January 8, 2009 on Zoning Application 15413 at 5:54 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 applicant requested a 60 day deferral and staff recommends a 60 day deferral and continuation of the public hearing.
Motion by Sullivan, second by Meyers, to defer Zoning Application 15413 for 60 days to the formal meeting of April 9, 2009 at 5:30 p.m. and continue the public hearing.
Public Hearing closed at 5:55 p.m.
RESOLUTION 02-12-09-Z6
Whereas the Johnson County Planning and Zoning Commission, following a public hearing, on February 9, 2009, 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 12th day of March, 2009 at 5:30 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following: 15575(Huberty), 15595(Gertrude Meade signed by Denise Yoder), and 15598(Knight).
That the Johnson County Auditor be authorized to publish the official notice of above public hearing.
Motion by Stutsman, second by Sullivan, to approve Resolution 02-12-09-Z6.
RESOLUTION 02-12-09-01
RESOLUTION SETTING DATE FOR SALE OF GENERAL OBLIGATION BONDS FOR EMERGENCY COMMUNICATIONS PROJECT AND FOR CONSERVATION DEPARTMENT BUILDINGS
Whereas, pursuant to the provisions of Chapter 331 of the Code of Iowa, the Board of Supervisors (the “Board”) of Johnson County, Iowa (the “County”), has determined that General Obligation Emergency Communication Building Bonds, Series 2009A (the “Series 2009A Bonds”), should be issued in the principal amount of $4,100,000 in evidence of the County’s obligation under an Emergency Communications Building Loan Agreement; and
Whereas, also pursuant to the provisions of Chapter 331 of the Code of Iowa, the Board has determined that General Obligation Emergency Communication Equipment Bonds, Series 2009B (the “Series 2009B Bonds”), should be issued in the principal amount of $11,000,000 in evidence of the County’s obligation under an Emergency Communications Equipment Loan Agreement; and
Whereas, the Board has also determined, pursuant to Chapter 331 of the Code of Iowa, that General Obligation Conservation Buildings Bonds, Series 2009C (the “Series 2009C Bonds”) should be issued in the principal amount of $2,200,000 in evidence of the County’s obligation under a County Conservation Department Buildings Loan Agreement; and
Whereas, it is necessary and desirable at this time to set a date for the sale of the Series 2009A Bonds, the Series 2009B, and the Series 2009C Bonds (together, the “Bonds”);
Now, Therefore, Be It Resolved by the Board of Supervisors of Johnson County, Iowa, as follows:
Section 1. The 12th day of March, 2009, at 11:00 a.m., at the County Treasurer’s Office, Iowa City, Iowa, is hereby fixed as the time and place for receiving and canvassing bids for the purchase of the Bonds, and the Board shall meet at 5:30 p.m. on that date for the purpose of considering the bids received and providing for the sale and issuance of the Bonds.
Section 2. Pursuant to Section 75.14 of the Code of Iowa, the Board hereby authorizes the use of electronic bidding procedures for the sale of the Bonds through PARITY®, and hereby finds and determines that the PARITY® competitive bidding system will provide reasonable security and maintain the integrity of the competitive bidding process and will facilitate the delivery of bids by interested parties under the circumstances of this bond sale.
Section 3. All resolutions and orders or parts thereof in conflict with the provisions of this resolution, to the extent of such conflict, are hereby repealed.
Motion by Stutsman, second by Sullivan, to approve Resolution 02-12-09-01.
Motion by Meyers, second by Stutsman, to set a public hearing for the Johnson County budget estimate for FY 2010 for Monday, March 2, 2009 at the Johnson County Administration Building, 913 South Dubuque Street, at 5:30 p.m. and authorize the Auditor’s Office to publish notice.
RESOLUTION 02-12-09-B1
ESTABLISHING FUND 22
Whereas, pursuant to Section 331.431 of the Code of Iowa, a county may establish funds in accordance with Generally Accepted Accounting Principles;
Whereas, during the budget process for FY2010 the Board of Supervisors budgeted for a separate Conservation Bond Fund to be used for bond proceeds received from use of the Conservation Bond Referendum vote of November 4, 2008; and
Whereas, $1,000,000 is the first bond proceed to be transferred from the General Basic Fund to the Conservation Bond Fund, and other transfers will follow over the next 20 years or $20,000,000, whichever comes first; and
Therefore be it resolved that the following Conservation Bond fund is established: Fund 22, "Conservation Bond Fund"; and
Be it further resolved that the Auditor is authorized to transfer $1,000,000 from the General Basic Fund to the Conservation Fund during the FY2010 budget year.
Motion by Harney, second by Sullivan, to approve Resolution 02-12-09-B1.
RESOLUTION 02-12-09-B2
INTEREST EARNED IN THE CONSERVATION BOND FUND REMAIN IN THE GENERAL BASIC FUND
Whereas, the Code of Iowa requires County interest earned to be placed in the General Fund, unless otherwise directed by the Board of Supervisors; and
Whereas, it is the desire of the Board of Supervisors for interest earned in the Conservation Bond Fund to be transferred to General Basic Fund; and
Whereas, it is the intention of the Board of Supervisors to earmark interest earned in the Conservation Bond Fund for suitable purposes.
Therefore be it resolved that the Board of Supervisors directs that interest earned in the Conservation Bond Fund be transferred to the General Basic Fund; and
Be it further resolved that the Board of Supervisors will earmark the interest earned for specific purposes annually upon the adoption of the County budget.
Motion by Stutsman, second by Sullivan, to approve Resolution 02-12-09-B2.
Motion by Meyers, second by Sullivan, to approve changing the Wastewater Alteration Permit Fee from the current $35/hour to a flat fee of $150 per permit, effective March 1, 2009.
Motion by Stutsman, second by Sullivan, to approve and authorize the Chairperson to sign the Federal Aid (STP) Agreement with the Iowa Department of Transportation for Project STP-S-C052(77)—5E-52, PCC Grade and Replace on Highway 965.
Motion by Meyers, second by Stutsman, to approve and authorize the Chairperson to sign the Federal Aid (STP) Agreement with the Iowa Department of Transportation for Project STP-S-C052(88)—5E-52, PCC Whitetopping on Oak Crest Hill Road.
RESOLUTION 02-12-09-02
AUTHORIZING WEIGHT EMBARGOES ON SECONDARY ROADS
Whereas, the recent weather conditions have caused soft subgrade and surface conditions to develop on some Secondary Roads; and
Whereas, it is deemed to be in the best public interest and welfare to preserve the road system in the best possible condition; and
Whereas, Sections 321.471, 321.472, and 321.473 of the Code of Iowa provide local authorities the right to restrict the weight of vehicles;
Therefore, be it resolved that an embargo be authorized where necessary on the Secondary Roads System for Johnson County. The County Engineer is authorized beginning on February 12, 2009, to restrict gross loads on certain sections of the road system showing extreme distress at this time. He shall be authorized to restrict all traffic to an 8-ton gross load if necessary and to place temporary signs to comply with Section 321.472.
Motion by Harney, second by Stutsman, to approve Resolution 02-12-09-02.
Motion by Harney, second by Sullivan, to deny the Step 3 Bruce Reynolds grievance. Roll call: aye: Harney, Stutsman, Sullivan, Meyers; nay: Neuzil.
Motion by Stutsman, second by Sullivan, to approve and authorize the Chairperson to sign an Application for Fireworks Permit for Jay and Corinne Joslyn, 4701 Herbert Hoover Highway, S.E. Iowa City, on February 14, 2009.
Adjourned at 6:13 p.m.
/s/Terrence Neuzil, Chair, Board of Supervisors
Attest: Tom Slockett, Auditor
By Nancy Tomkovicz, Recording Secretary
These minutes were sent for publication and formal approval on February 19, 2009.