MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:

MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:

JUNE 11, 2009

Chairperson Neuzil 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 Sullivan, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors.

Motion by Sullivan, second by Stutsman, to approve the minutes of the formal meeting of June 4, 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 Meyers, to approve and authorize the Chairperson to sign: a Renewal Application for a Class C Liquor License, Application for Outdoor Service Area, and Application for Sunday Sales Privilege for The Black Diamond Road House, Oxford, as submitted by Gary Harding.

Motion by Harney, second by Sullivan, to approve and authorize the Chairperson to sign: a Renewal Application for a Class C Liquor License, Application for Outdoor Service Area, and Application for Sunday Sales Privilege for Saddleback Ridge Golf Course, Solon, as submitted by Ronald Rushek.

Motion by Meyers, second by Stutsman, to place on file the Clerk’s Report of Fees Collected for the month of May, 2009, in the amount of $13,445.47, as submitted by Clerk of District Court Lodema Berkley.

Convened Public Hearing on the adoption by reference the 2008 National Electrical Code, including Annex H and also adopting amendments to said standard code at 5:33 p.m.

Johnson County Building Inspector III Neil Bombei presented the amendments for adoption and answered questions from the Board. No one from the public spoke.

Public Hearing closed at 5:34 p.m.

Motion by Sullivan, second by Stutsman, to approve the ordinance adopting by reference the 2008 National Electrical Code, including Annex H, and also adopting amendments to said standard code on first consideration. Roll call: aye: Harney, Stutsman, Neuzil, Sullivan, Meyers.

Convened Public Hearing on Zoning, Platting, and Conditional Use Permit Applications at 5:35 p.m.

Subdivision Application 15750 of Steve Hansen requesting preliminary and final plat approval of Hansen Hill Subdivision, a subdivision described as being located in the SE 1/4 of the SW 1/4 of Section 15, Township 80 North; Range 8 West, of the 5th P.M. in Johnson County, Iowa. This is a 1 lot 1.30 acre farmstead split located on the north side of Highway 6 NW approximately 3500 feet west of its intersection with Eagle Avenue NW in Oxford Township.

Scott Ritter with Hart Frederick Consultants PC was present to answer questions.

RESOLUTION 06-11-09-Z1

RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF HANSEN HILL SUBDIVISION

JOHNSON COUNTY, IOWA

Whereas, the owner has filed application 15750 for approval of a preliminary and final plat of Hansen Hill 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: Oxford City Council Approval; Certificate of Owners and Subdividers; Title Opinion; Certificate of County Auditor; Certificate of Treasurer; Subdivider’s Agreement; Covenant for Fences; Consent to Platting by Mortgage Holder (2); Covenant for Access Easement; Covenant for Shared Well and Easement; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5).

Motion by Sullivan, second by Meyers, to approve Resolution 06-11-09-Z1.

Subdivision Application 15751 of Allen and Tiffany Phillips requesting preliminary and final plat approval of Jordan Creek Ridge Estates, a subdivision described as being located in the N 1/2 of the NW 1/4 of Section 1 Township 80 North, Range 6 West of the 5th P.M. in Johnson County, Iowa. This is a 1 lot, 1 outlot farmstead split with lot 1 being 4.23 acres and outlot A being 1.33 acres, located on the south side of Jordan Creek Road NE approximately 1 mile from its intersection with 210th Street NE in Newport Township.

Sullivan asked where the access is to a structure near the pond. Assistant Planner Josh Busard said Jordan Court. Glen Meisner of MMS Consultants was present to answer questions.

RESOLUTION 06-11-09-Z2

RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF JORDAN CREEK RIDGE ESTATES

JOHNSON COUNTY, IOWA

Whereas, the owner has filed application 15751 for approval of a preliminary and final plat of Jordan Creek Ridge Estates, 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 Owners and Subdividers; Title Opinion; Certificate of County Auditor; Certificate of Treasurer; Subdividers Agreement; Fence Agreement (3); 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 Harney, second by Sullivan, to approve Resolution 06-11-09-Z2.

Subdivision Application 15752 of James Crosheck, et al requesting preliminary and final plat approval of Crosheck Acres, a subdivision described as being located in the SW 1/4 of the NE 1/4 of Section 15, Township 80 North, Range 6 West of the 5th P.M. in Johnson County, Iowa. This is a 2 lot, 12.90 acre residential subdivision where Lot 1 is located on the north side of Crosheck Road NE and Lot 2 is located on the south side of Crosheck Road NE. Both are approximately 300 feet west of the intersection with Anchorage Road NE in Penn Township.

Sullivan said he is concerned about a possible loophole that could allow the developer to circumvent the Sensitive Areas Ordinance. Busard assured Sullivan that the applicant would not be allowed to do that. Sullivan asked for assurance from staff that the Board will be informed when the property is subdivided again. Busard agreed to provide that information to the Board. Meyers asked if it would be retroactive. Busard said no, only on the new subdivision.

Glen Meisner of MMS Consultants spoke for the application.

RESOLUTION 06-11-09-Z3

RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF CROSHECK ACRES

JOHNSON COUNTY, IOWA

Whereas, the owner has filed application 15752 for approval of a preliminary and final plat of Crosheck 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: Owner’s Acknowledgement of Consent; Attorney’s Title Opinion; Certificate of County Auditor; Certificate of Treasurer; Subdivider’s Agreement; Owner’s Dedication of Road Right of Way; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5); C. Acquisition Plat (5).

Motion by Stutsman, second by Harney, to approve Resolution 06-11-09-Z3.

Zoning Application 15599 of Richard Wonick requesting rezoning of 39.92 acres from A-Agricultural to R-Residential of certain property described as being in the SE 1/4 of the SE 1/4 of Section 24 Township 80 North, Range 6 West and the NE 1/4 of the NE 1/4 and the SE 1/4 of the NE 1/4 of Section 25 Township 80 North, Range 6 West and the NW 1/4 of the NW 1/4 and the SW 1/4 of the NW 1/4 of Section 30 Township 80 North Range 5 West of the 5th P.M. in Johnson County, Iowa. This property is located on the east side of Wonick Road NE approximately at its southern intersection with Highway 1 NE in Newport Township.

Assistant Planning and Zoning Administrator R.J. Moore said staff recommends conditional approval of Zoning Application 15599, if the applicant agrees to improve Buchmayer Bend Road to a macadam-based chip seal road that meets current standards for horizontal and vertical alignment. Moore said Iowa City Mayor Regenia Bailey recommended four conditions be attached to the rezoning: upgrade Buchmayer Bend Road to meet County road performance standards; address storm water detention; plan for the ownership and management of the outlot; and concentrate open space in areas east of the lots to minimize paving and encroachment into the ravine. Moore said the preliminary site plan is not a clustered subdivision and doesn't propose a shared wastewater system. To comply with the Fringe Area Agreement, Moore recommends a conditional zoning based on the platting being a clustered subdivision and meeting all the conditions recommended by Bailey and the County Engineer's recommendation for a road agreement. He said Iowa Code Section 335.7 allows conditional zonings through written and fully executed agreements prior to the Board taking action.

The Board discussed questions and concerns with Moore. Sullivan asked what would happen if the Board approves a conditional rezoning and then the owner sells the property without meeting all the conditions. Moore said the conditions and zoning stays with the land, not the landowner.

Glen Meisner of MMS Consultants spoke for the application. Moore told the Board that if the application is approved, a sensitive areas analysis will be conducted. Sullivan said he wants Meisner to first determine if there is opposition from landowners within 1000 feet to one shared system. Moore said Meisner's proposal of five rather than 17 wastewater systems is great. He said if the DNR denies a shared wastewater system, including on the appeal as well, the applicant can apply to amend the conditional zoning.

Neuzil said he supports a good faith effort to determine interest in a shared system. Moore said the applicant must apply to the DNR, who will deny the application if any signatures are missing. Then the applicant can appeal to the DNR and the County would have record of the DNR's ruling. Neuzil said they would have to define "good faith effort" tonight. Moore reminded the Board that clustered subdivisions are part of the County’s Land Use Policy, and if conditions aren’t stipulated before the property is rezoned, the owner gets to do whatever the subdivision ordinance says. Because there aren’t guidelines in place stating how to create a clustered subdivision, this is why they are asking for conditional approval. Moore said the new Health Department regulations would require all shared wastewater systems be on an outlot.

Chris Mottinger spoke for the application.

Assistant County Attorney Andy Chappell asked Board members to state precisely the conditions they would like to see in an agreement. Harney said he will support a conditional agreement as stipulated and would support four homes on one septic system. Meyers said he will support staff recommendations and wants a good faith effort to see if a single septic system is feasible. Stutsman said she will support staff and wants to adhere to the Land Use Plan. Sullivan said, if the applicants try for one shared system and can't get DNR approval, he supports six septic systems. Neuzil said he is comfortable in asking the applicant to contact residents to see if it is possible to get a system within 1,000 feet and if they can't do that, then he is comfortable with one system for four lots.

Chappell said the reference to road performance standards and improvements are too vague. He asked the Board if it wants a condition requiring upgrading Buchmayer Bend Road somehow. The Board said yes. Chappell asked if the Board wants the upgrade to be a macadam based chip-seal surface. The Board said yes and added "with a design ready for paving." Chappell said there is no dispute about the need for a plan for storm water detention and for ownership and management of the outlot. He asked if the Board wants those listed as conditions in the zoning agreement. The Board said yes. Chappell said the Board does not seem concerned about stipulating conditions for the open space. The Board agreed. Chappell said he heard four supervisors indicate they want an attempt at one system and if that attempt fails, they are willing to accept four lots per one septic system. Chappell asked for clarification on defining a valid attempt. Sullivan said he would like to have the property owners file an application through the DNR process. Meyers and Stutsman agreed.

Motion by Stutsman, second by Sullivan, to defer Zoning Application 15599 to July 9, 2009 and continue the public hearing. Roll call: aye: Harney, Stutsman, Neuzil, Sullivan, Meyers.

Subdivision Application 15633 of Craig Stark requesting preliminary plat approval of MacBride Estates, a subdivision described as being located in the S 1/2 of the SE 1/4 of Section 16 Township 81 North, Range 6 West of the 5th P.M. in Johnson County, Iowa. This is a 28 lot with 2 outlots, 51.01 acre residential subdivision located on the south side of Highway 382 NE approximately 600 feet west of its intersection with Ely Road NE in Big Grove Township.

Stutsman asked why the Board is not requiring a shared wastewater system for this subdivision. Busard said because the zoning was already in place from the 1960 mass zoning. Johnson County Public Health Environmental Health Coordinator James Lacina discussed the septic system requirements for the proposed plat, being in the 3 acre density area.

Scott Ritter with Hart Frederick Consultants PC was present to answer questions. Craig Stark, Chris Mottinger, Sean Mercer, John Beasely, and Jim McCarragher spoke in favor of the application.

Lillian Lyons Davis spoke at length against the application. Tim Linden, Eugene Wehrheim, Jack Neuzil, Jean Cadoret, and Robert F. Davis spoke against the application.

Supervisor Neuzil said the subdivision application meets all the requirements for safe sight distance according the Johnson County standards and the County Engineer has given his approval. Neuzil said the Department of Public Health and Planning and Zoning staff have determined the level of drainage run-off is acceptable. Neuzil asked if the sewage system regulations are changed tonight through resolution, will that have an effect on this platting. Busard said no, the old guidelines will apply. Neuzil asked if the application meets all the subdivision requirements. Busard said yes. Sullivan said his concerns have been addressed in the review of the requirements and Meyers added that this application has met all the requirements. Harney said he hopes accommodations will be made to accommodate school bus stops. Moore said a number of different school district personnel said they prefer to stop on the County roads and do not like bus turn-arounds.

RESOLUTION 06-11-09-Z4

RESOLUTION APPROVING THE PRELIMINARY PLAT OF MACBRIDE ESTATES, JOHNSON COUNTY, IOWA

Whereas, the owner has filed application 15633 for approval of a preliminary plat of MacBride Estates, 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.

Motion by Sullivan, second by Harney, to approve Resolution 06-11-09-Z4.

Public Hearing closed at 8:11 p.m.

RESOLUTION 06-11-09-Z5

Whereas the Johnson County Planning and Zoning Commission, following a public hearing, on June 8, 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 9th day of July, 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: Johnson County Joint Emergency Cell Center (15803), Jondle (15806), Bair (15808), zoning application Johnson County Emergency Cell Center (15802) and The Amendment to the 2008 Johnson County Land Use Plan.

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 06-11-09-Z5.

Recessed at 8:14 p.m.; reconvened at 8:19 p.m.

RESOLUTION 06-11-09-01

LOCAL MATCH RESOLUTION FOR THE HAZARD MITIGATION GRANT PROGRAM

Whereas, Johnson County (hereinafter called "the Subgrantee"), County of Johnson, has made application through the Iowa Homeland Security and Emergency Management Division (HSEMD) to the Federal Emergency Management Agency (FEMA) for funding from the Hazard Mitigation Grant Program, in the amount of 100% of the total project cost, and

Whereas, the Subgrantee recognizes the fact that this grant is based on a cost share basis with the federal share not exceeding 75%, the state share not exceeding 10% and the local share being a minimum of 15% of the total project cost. The minimum 15% local share can be either cash or in-kind match, and

Therefore, the Subgrantee agrees to provide and make available 15% (Fifteen Percent) of local monies to be used to meet the minimum 15% match requirement for this mitigation grant application.

Motion by Harney, second by Sullivan, to approve Resolution 06-11-09-01.

RESOLUTION 06-11-09-02

LOCAL MATCH RESOLUTION FOR THE HAZARD MITIGATION GRANT PROGRAM

Therefore, the Subgrantee agrees to provide and make available 15% (Fifteen Percent) of local monies to be used to meet the minimum 15% match requirement for this mitigation grant application.

Motion by Stutsman, second by Sullivan, to approve Resolution 06-11-09-02.

RESOLUTION 06-11-09-03

RESOLUTION ADOPTING JOHNSON COUNTY PRIVATE SEWAGE SYSTEM REGULATIONS 2009

Whereas, pursuant to Iowa Code Section 455B.172 (2009), a local board of health may adopt standards for private sewage disposal systems; and

Whereas, said standards must be at least as stringent but consistent with the standards adopted by the State of Iowa; and

Whereas, pursuant to Iowa Code Section 137.6, a local board of health may make and enforce such reasonable rules and regulations not inconsistent with state law as may be necessary for the protection and improvement of the public health; and

Whereas, said rules and regulations become effective after being considered by the board of health after a public hearing, approved by the board of supervisors, and published in a newspaper having general circulation in the county; and

Whereas, on May 21, 2009, the Johnson County Board of Health held a public hearing on the proposed Johnson County Private Sewage System Regulations and, after considering any comments received at said hearing, voted to adopt said Regulations.

Now, Therefore, be it Resolved by the Johnson County Board of Supervisors that, pursuant to Iowa Code Section 137.6(2), the proposed Johnson County Private Sewage System Regulations are hereby approved; and

Be it Further Resolved that said approved Regulations shall replace that regulation titled Johnson County Onsite Sewage Regulation of 1999; and

Be it Further Resolved that said approved Regulations shall take effect upon publication as required by law or on July 1, 2009, whichever date is later.

Motion by Stutsman, second by Sullivan, to approve Resolution 06-11-09-03.

Motion by Sullivan, second by Stutsman, to approve and authorize the Chairperson to sign the renewal of state Decat contract to administer training funds and first offense shoplifter group funds (value: $6,700).

Motion by Sullivan, second by Meyers, to approve and authorize the Chairperson to sign the state Decat contract for Functional Family Therapy services for youth and families involved in the juvenile court system (value: $108,556).

Motion by Stutsman, second by Meyers, to approve and authorize the Chairperson to sign the Empowerment Contracts with Johnson County including the Fiscal Agent Agreement, the Employer of Record Contract, and the Continue Care and School Ready Scholarship Contract.

Motion by Meyers, second by Sullivan, to approve and authorize the Chairperson to sign the SEATS 28E Agreement between the City of University Heights and Johnson County for the period of July 1, 2009 through June 30, 2010 for paratransit service for the amount of $8,278.32.

Motion by Stutsman, second by Sullivan, to approve and authorize the Chairperson to sign the SEATS 28E Agreement between the City of Lone Tree and Johnson County for the period of July 1, 2009 through June 30, 2010 for paratransit service for two additional days a week of service for the amount of $7,100.00.

Motion by Harney, second by Sullivan, to approve and authorize the Chairperson to sign the SEATS 28E Agreement between the City of Solon and Johnson County for the period of July 1, 2009 through June 30, 2010 for paratransit service where Solon subsidizes $1 for each fare for Solon transit service.

Motion by Stutsman, second by Sullivan, to approve and authorize the Chairperson to sign the SEATS 28E Agreement between East Central Iowa Council of Governments and Johnson County SEATS for the period of July 1, 2009 through June 30, 2010 for paratransit service in Johnson County.

Motion by Harney, second by Stutsman, to approve and authorize the Chairperson to sign the Value Added Agricultural Products and Processes Financial Assistance Program and High Quality Job Creation Program Funding Agreements with Cedar Ridge Vineyards, LLC, and Iowa Department of Economic Development.

Motion by Stutsman, second by Sullivan, to reappoint Brian Buelow to the Johnson County SEATS Paratransit Advisory Committee for a term ending June 30, 2011, and to appoint Mary Wiemann as an Ex-officio member to the Johnson County SEATS Paratransit Advisory Committee for a term ending June 30, 2010.

Motion by Sullivan, second by Stutsman, to approve and authorize the Chairperson to sign an Application For Fireworks Permit for Steven M. Lee, 1802 Mehaffey Bridge Road, Solon, on July 4, 2009, and for Andy Neuzil, Hills, for display at 5046 Aaron Drive, Iowa City, on July 5, 2009, and for Andy Neuzil, Hills, for display at 5363 American Legion Road, Iowa City, on July 3, 2009.

Adjourned to Informal meeting at 8:29 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 June 18, 2009.

Sent to the Board of Supervisors on June 16, 2009 at 10:45 a.m.