MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
APRIL 16, 2009
Chairperson Neuzil called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:00 a.m. Members present were: Pat Harney, Larry Meyers, Terrence Neuzil, Sally Stutsman, and Rod Sullivan.
Unless otherwise noted, all actions were taken unanimously.
PROCLAMATION 04-16-09-01
Buy Here Day
April 23, 2009
Whereas, Johnson County is proud to join the Iowa City Area Chamber of Commerce in support of Buy Here by shopping locally; and
Whereas, by “Buying Here,” Johnson County residents and businesses keep dollars re-circulating in the community. According to Iowa State University Professor of Economics Dave Swenson, “if all Johnson County businesses shifted 5% of what they currently spend outside Johnson County back to our communities, this would result in an additional $95 million to our local economy”; and
Whereas, by “Buying Here,” we will dramatically reduce the greenhouse gases of transporting goods across our globe; and
Whereas, by “Buying Here,” we invest in our community. Local businesses pay taxes, employ our neighbors and donate to local charities; and
Whereas, we embrace what makes Johnson County a great place to live and do business and want to support our local economy; and
Now, therefore, be it resolved that we, the Johnson County Board of Supervisors, do hereby proclaim April 23, 2009, as
BUY HERE DAY
and urge all citizens to join in buying locally today.
Motion by Sullivan, second by Stutsman, to approve Proclamation 04-16-09-01.
Motion by Meyers, second by Sullivan, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors.
Motion by Sullivan, second by Meyers, to approve the minutes of the formal meeting of April 9, 2009.
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 Sullivan, to approve and authorize the Chairperson to sign a Renewal Application for a Class C Beer Permit and Application for Sunday Sales Privilege for Funcrest Bait and Tackle, Iowa City, as submitted by William Kallaus.
Motion by Harney, second by Stutsman, to place on file the Clerk’s Report of Fees Collected for the month of March, 2009, in the amount of $14,483.62, as submitted by Clerk of District Court Lodema Berkley.
Reconvened Public Hearing of April 9, 2009 Amending the 2008 Johnson County Land Use Plan, by replacing the existing North Corridor Phase Map, and the existing Johnson County Land Use Map with a new North Corridor Phase Map, and a new Johnson County Land Use Map at 9:04 a.m.
Assistant Planning and Zoning Administrator R.J. Moore said the Land Use Plan was updated and adopted in May, 2008. The new Land Use Plan and the implementation schedule, which the Board agreed to follow, included a review of the North Corridor Phasing Concept. Staff met with the Board from June through December, 2008, to discuss different phasing possibilities. Moore showed a working map developed by staff and the Board of Supervisors in December, 2008. He said the map shows a slightly reduced immediate growth area and a considerably reduced Phase 2 area. After the Planning and Zoning Commission met in January, February, and March of 2009 they recommended against amending the 2008 Johnson County Land Use Plan, by replacing the existing North Corridor Phase Map, and the existing Johnson County Land Use Map with a new North Corridor Phase Map, and a new Johnson County Land Use Map. Moore said the first public hearing on this topic was held April 9, 2009. The Board decided at that time to continue the public hearing on April 16, 2009.
Neuzil asked Moore if one area of contention is south of Newport Road and west of Highway #1. Moore said yes. Neuzil said feedback from residents indicates they would like to keep this area in Phase 1. Moore said the proposed changes include reducing Phase 2, adding in a section on Highway 965, and taking out the area by Buchmayer Bend and south of Newport Road. Moore said public participation and opinion has run the gamut.
Neuzil said if three Board members want to do something different, the Board will give further direction to the Department of Planning and Zoning. Stutsman asked if additional public hearings would be required. Moore said yes.
Moore said, if the North Corridor Phases map is changed, the Land Use Plan Map would also need to change to reflect what the new North Corridor would look like. Meyers asked if the Planning and Zoning Commission has already discussed this particular map. Moore said yes. Meyers asked why the process has to go back through the Planning and Zoning Commission.
Assistant County Attorney Andy Chappell said the map must go back to the Planning and Zoning Commission in order to meet the requirements of due process and serve the public hearing process. Chappell said the notice to the public must match the proposal. The notice to the public was to amend the Phasing Map so the Board may move ahead with that since the public has received notice. Chappell said the next notice the public received was in response to the Planning and Zoning Commission's recommendation not to change the Phasing Map.
Harney said the citizens who attended the Planning and Zoning Commission meetings did not want to change the current Land Use Plan. Harney said he supports the original map which allows some development along 180th Street and Highway 382. Stutsman asked Moore when the phasing was adopted. Moore said in 2003.
Kevin Kidwell spoke regarding amending the 2008 Johnson County Land Use Plan, by replacing the existing North Corridor Phase Map, and the existing Johnson County Land Use Map with a new North Corridor Phase Map, and a new Johnson County Land Use Map. Neuzil said one thought is to allow 1,000 feet from the designated line as eligible ground which is also in keeping with the cul du sac rules. He said if that caveat was part of the language for the maps he thinks Kidwell's area would be covered.
The Board and staff discussed Kidwell's concerns. Meyers asked Kidwell how many building sites he is considering for that area. Kidwell said he is not sure yet. Meyers said he is concerned about the traffic count. He said if Kidwell were allowed to move forward with these plans, traffic on Sugar Bottom Road would undoubtedly increase. Kidwell said he does not know the traffic count but assumes it is three to four times higher on the south end of the road. Moore said going west to Mehaffey Bridge Road, the traffic count is around 600 vehicles per day, and going east it is around 1,100 vehicles per day. Developers in this area now accessing Sugar Bottom Road would have approximately 900 vehicles per day to deal with. Moore said approximately 100 lots could be added to the infrastructure.
Neuzil asked to poll the Board. Harney said the Planning and Zoning Commission said the current plan is working and he doesn't see a need for change. Stutsman said she is okay with the current phasing plan. She said the Board owes the public consistency. Meyers said when the phasing concept was introduced in 2003 he was not sold on it. He said he never liked Phase 2 because there is an implied promise that Meyers isn't sure the Board can deliver. He said it compounds the 1960's problem of mass rezoning. Meyers said, from its inception, he has had problems with Phase 1, because it is a large area and no one has discussed infrastructure needs or an orderly growth pattern from Iowa City. Meyers said a possible extension of Oakdale Boulevard has a vaguely defined corridor, and no one in that area knows what they can or cannot do because they don't know where the road will be.
Meyers said according to growth estimates from the Department of Planning and Zoning, there isn't a need for such a huge area. He said permit applications countywide are on a steady decline and there has been no discussion about infill standards. Meyers said this area needs serious planning.
Kidwell responded to Meyer's concern of overtaxing the roads and said he does not think overtaxing the roads as a problem.
Sullivan said he wants infill guidelines on the maps because they are vital to designing orderly growth. Sullivan said Phase 2 was never guaranteed and anyone who considered it as such made a mistake. He said property owners with land in Phase 2 should not be thinking about development. Sullivan said he is willing to tinker with the maps because Kidwell has made an excellent argument for his property.
Stutsman said she would agree with that and she is interested in tinkering with the map, but not on the east side of Highway #1. Meyers said he is not opposed to tinkering with the map lines but it is next to impossible to achieve a zoning directive that pleases everyone. He said Kidwell's argument is logical but Meyers would like to consider it further.
Neuzil said he is not in favor of phasing and did not vote for it in 2003. The reason he voted against it originally was that there were no infill guidelines and he thought it was silly to give people a false sense of hope. Neuzil said, if the Board keeps the area currently in Phase 1, he agrees with Meyers that the Board give direction to staff for infrastructure planning in targeted areas.
Meyers said right now the Oakdale Corridor is vaguely defined. Stutsman said it was intentionally done that way. Harney said there was a plan for the Oakdale Boulevard extension from Dubuque Street to Coralville but public input forced a new plan.
Harney said he really likes the Westcott Heights development because it builds infrastructure roads, there are two ways in and out, the lots are a good size, and the environment is protected with the timberlands. Harney said he has no problem removing the area north of Solon from Phase 2 but would like to see some designation regarding how far back from the road building can occur.
Neuzil said the Board will schedule a work session with the Department of Planning and Zoning to develop a map and land use language for another public hearing process. Stutsman said in the interim the current map prevails. Moore said yes.
Chappell said if the Board is going to abandon the proposed North Corridor Phases map and start the process over again, the Board should first vote on the proposed map. Board members asked for clarification. Chappell said if the Board is not going to continue the public hearing and tinker with the map, it needs to vote on the proposed map. He said the December 2008 Proposed North Corridor Phases map is before the Board and the Department of Planning and Zoning recommended the Board not adopt it. Neuzil clarified that a no vote means the map will not be adopted. Chappell said correct.
Motion by Stutsman, second by Sullivan to amend the 2008 Johnson County Land Use Plan, by replacing the existing North Corridor Phase Map, and the existing Johnson County Land Use Map with a new North Corridor Phase Map, and a new Johnson County Land Use Map. Roll call: nay: Harney, Stutsman, Neuzil, Sullivan, Meyers.
Public Hearing closed at 9:56 a.m.
RESOLUTION 04-16-09-Z1
Whereas the Johnson County Planning and Zoning Commission, following a public hearing, on April 13, 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 14th day of May, 2009 at 5:30 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following subdivision applications: Hodge(15701), Miller(15702), See(15703), and the proposed Johnson County/Ely Fringe Area Agreement.
That the Johnson County Auditor be authorized to publish the official notice of above public hearing.
Motion by Harney, second by Stutsman, to approve Resolution 04-16-09-Z1.
RESOLUTION 04-16-09-B1
FY09 APPROPRIATION CHANGES FOR JOINT EMERGENCY COMMUNICATIONS CENTER/EMA IN GENERAL BASIC BLOCK GRANTS (DEPT. 20), AND SHERIFF (DEPT. 08)
Whereas, the appropriations for Sheriff, Public Safety and Legal Services Service Area, are not sufficient to meet payments for outstanding obligations, and
Whereas, the amount appropriated in Resolution 03-12-09-B2 by Sheriff to General Basic Block Grants needs to be reversed, the Public Safety and Legal Services Service for Sheriff will deplete its funds; and
Whereas, General Basic Block Grants has available funds in their budgets; and
Whereas, pursuant to section 331.434(6) of the Code of Iowa, a department appropriation may be decreased without a public hearing if the decrease is not more than the greater of $5,000 or ten percent of the department’s total budget; and
Therefore, be it resolved that Sheriff (Dept. 08), County Public Safety and Legal Services Service Area, is herewith appropriated an additional $300,000 and a total appropriation of $9,344,809 for fiscal year 2008-2009. The appropriation for Joint Emergency Communications Center/EMA in General Basic Block Grants (Dept. 20), County Public Safety and Legal Services Service Area is correspondingly decreased by $300,000 for a total of $18,939,111 for fiscal year 2008-2009. The relevant county service area is County Public Safety and Legal Services, which remains unchanged.
Motion by Sullivan, second by Meyers, to approve Resolution 04-16-09-B1.
RESOLUTION 04-16-09-Z2
Whereas, pursuant to Iowa Code Section 331.302(11) (2009), the Johnson County Board of Supervisors may adopt by reference the provisions of a statewide or nationally recognized standard code, or portions thereof, by Ordinance after appropriate notice and hearing as set out in Iowa Code Section 331.302(9); and
Whereas, the Johnson County Board of Appeals, on April 6, 2009, met and approved a recommendation that the Board of Supervisors adopt, by reference, the 2008 National Electrical Code, including Annex H, and proposed local amendments thereto; and
Now, Therefore, Be It Resolved by the Johnson County Board of Supervisors that:
1. A public hearing on whether to adopt, by reference, the 2008 National Electrical Code and proposed local amendments is set for the 30th day of April, 2009 at 9:00 a.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa.
2. The Johnson County Auditor is hereby authorized to publish the official notice of above public hearing in a manner consistent with Iowa Code Sections 331.302(9) and 331.305.
Motion by Stutsman, second by Sullivan, to approve Resolution 04-16-09-Z2.
Motion by Stutsman, second by Sullivan, to approve and authorize the Chairperson to send Chevalier Monsanto a letter of appreciation and certification for serving on the Commission of Veteran Affairs.
Adjourned to Informal meeting at 10:02 a.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 April 23, 2009.
Sent to the Board of Supervisors on April 22, 2009 at 5:00 p.m.