MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
JULY 9, 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 Meyers, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors.
Motion by Stutsman, second by Sullivan, to approve the minutes of the formal meeting of July 2, 2009.
Motion by Harney, second by Stutsman, to approve the payroll authorizations submitted by department heads, as approved by a majority of the Supervisors.
Motion by Sullivan, second by Meyers, to place on file the Clerk’s Report of Fees Collected for the month of June, 2009, in the amount of $11,879.97, as submitted by Clerk of District Court Lodema Berkley.
Convened Public Hearing on Zoning and Platting Applications and Proposed Land Use Plan Amendment at 5:32 p.m.
Zoning Application 15802 of Johnson County Joint Emergency Cell Center signed by Mike Sullivan requesting rezoning of Auditor’s Parcel 2009037, a 3.15 acre parcel from A-Agricultural to P-Public of certain property described as being in the NE 1/4 of the NE 1/4 of Section 12, Township 78 North, Range 8 West of the 5th P.M. in Johnson County, Iowa. This property is located on the north side of Angle Road SW approximately 1400 feet west of its intersection with Highway 1 SW in Washington Township.
Glen Meisner of MMS Consultants, Inc. was present to answer questions. No one from the public spoke.
Motion by Harney, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve Application 15802 on first and second consideration. Roll call: aye: Harney, Stutsman, Neuzil, Sullivan, Meyers.
Subdivision Application 15803 of Johnson County Joint Emergency Cell Center signed by Mike Sullivan requesting preliminary and final plat approval of JECC Subdivision, a subdivision described as being located in the NE 1/4 of the NE 1/4 of Section 12, Township 78 North, Range 8 West of the 5th P.M. in Johnson County, Iowa. This is a 1 lot, 4.02 acre public subdivision located on the north side of Angle Road SW approximately 1400 feet west of its intersection with Highway 1 SW in Washington Township.
Assistant Planning and Zoning Administrator RJ Moore recommended deferring Subdivision Application 15803 until final consideration of the proposed rezoning is heard on July 16, 2009. No one from the public spoke.
Motion by Sullivan, second by Meyers, to defer Subdivision Application 15803 to July 16, 2009 and continue the Public Hearing.
Subdivision Application 15806 of Nathan and Meghan Jondle requesting preliminary and final plat approval of Jondle Sunny Side Farm, a subdivision described as being located in the SW 1/4 of the SE 1/4 of Section 4, Township 77 North, Range 5 West of the 5th P.M. in Johnson County, Iowa. This is a 1 lot, 1 outlot, 6.35 acre farmstead split located on the north side of Highway 22 approximately 3000 feet east of its intersection with Utah Avenue SE in Fremont Township.
Meyers said it is unusual for the outlot to be the road right-of-way. Planning and Zoning Assistant Planner Josh Busard said the applicants couldn't site the residential lot any closer to the road, so they made an outlot and dedicated it to the State. Since it is road frontage along a public highway, they meet the ordinance requirements. Assistant County Attorney Andy Chappell said this is unique because it is a State road, which means the outlot will be conveyed by fee title to the State rather than as an easement.
Glen Meisner of MMS Consultants, Inc. was present to answer questions. No one from the public spoke.
RESOLUTION 07-09-09-Z1
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND
SUBDIVIDER'S AGREEMENT OF JONDLE SUNNY SIDE FARM
JOHNSON COUNTY, IOWA
Whereas, the owner has filed application 15806 for approval of a preliminary and final plat of Jondle Sunny Side Farm, 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 2009-R (Lone Tree); Certificate of Owners; Title Opinion; Certificate of Treasurer; Certificate of County Auditor; Subdivider’s Agreement; Fence Agreement; Consent of Mortgagee; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5).
Motion by Stutsman, second by Sullivan, to approve Resolution 07-09-09-Z1.
Subdivision Application 15808 of Jeff Bair requesting preliminary and final plat approval of Delbray Subdivision, a subdivision described as being located in the SW 1/4 of the SW 1/4 of Section 11, Township 81 North, Range 6 West of the 5th P.M. in Johnson County, Iowa. This is a 1 lot, 2.87 acre farmstead split located on the north side of 140th Street NE approximately 5000 feet west of its intersection with Highway 1 NE in Big Grove Township.
Busard noted the Planning and Zoning Commission's disapproval of the application, because the applicant does not wish to comply with the County Engineer's Separation Distance Policy (SDP). A recent farmstead split applicant across the road complied with the SDP before Board approval.
Glen Meisner of MMS Consultant, Inc. and Jeff Bair spoke for the application.
Harney supported the application, because moving the driveway would put it in a waterway, but if the two homes are kept together, it is safer and doesn't break up the farm as much. He understands why the owner does not want to disrupt the nice asphalt driveway already in place, as well as the power poles.
Sullivan said, if the Board grants an exception, no driveways will be added, but the number of trips in and out of the driveway will increase to 2,920 annually (projected at 8 per day), whereas for the farm field currently there are probably 15 trips annually. There are options here; the family owns a driveway right next door. The Board should be consistent. Property owners across the street were forced to comply with the policy and Sullivan said he needs a compelling reason to make an exception. Recently exceptions were made for farm buildings existing prior to the County zoning ordinance. This, however, is bare ground and the Board does not have to take any action. Sullivan is reluctant to grant exceptions, if the conditions aren't exceptional.
Meyers said he agrees with almost everything Sullivan just said. He said it isn't fair to ask one property owner to comply with the ordinance, while granting an exception to a neighbor. He expressed concern with the precedent this might set and since it is not an impossible situation, the owner should comply with the requirements.
Neuzil said he supports the application, because he does not think it is adding a driveway.
Stutsman said she will not vote for the application, because she wants to uphold the County's policy limiting driveways onto roadways. These are two residential properties, not trying to add mixed uses to the driveway. The Board has told other applicants they cannot have another driveway. She said she appreciates the placement of the farmstead split adjacent to the original homestead, but she will support only one driveway.
Motion by Harney, second by Neuzil, to approve Subdivision Application 15808. Roll call: Aye: Harney, Neuzil; nay: Meyers, Stutsman and Sullivan. Motion failed.
Motion by Sullivan, second by Meyers, to deny Subdivision Application 15808. Roll call: Aye: Meyers, Stutsman, and Sullivan; nay: Harney and Neuzil. Motion passed.
Proposed Amendment to the Johnson County Land Use Plan.
Meyers said he doesn’t see the benefit of removing Phase II. It has been widely conceded that nothing would have occurred in Phase II for 75 years anyway, so taking it out of the mix doesn't change things. He is concerned with the area between Highway One and Prairie du Chien and Newport Road. He prefers to remove that area, because it will be promoted as a development area without any plan in place or under consideration. He believes that development should begin at the south end of the Oakdale Boulevard Corridor, because it is contiguous to Iowa City.
Neuzil asked Meyers, if by removing that area of land, it sends the message that the area is not a growth area. Meyers said he understands the contradiction, but his concern is the absence of a plan for those five to eight square miles of land. Neuzil said this argument is why he advocates keeping the area in the Corridor. Retaining that section allows the Board to give direction for growth and infrastructure development.
Sullivan said they need some guidelines for this area just north of Iowa City and he does not want a series of 1,000 foot cul de sacs off existing roads. He wants discussions about future roads and assessments for developers. Though the amendment does not include all he wants, he is willing to support it.
Harney said the change really doesn't make much of a difference for the land in Phase II. The Board already gives due consideration to applicants for a farmstead split or subdivision. He has concerns about residents' requests to build another home on their property along 180th Street and Highway 382. There should be an accommodation, maybe back 1,000 feet or a quarter mile. On the other hand, if this Corridor plan was in place, staff could plan roads for the future. This is an excellent time to set criteria on where the road corridors should be.
Stutsman said this has been a good process, the Amendment is a good compromise, and good public policy comes from compromise. She is concerned about continually changing the rules of the game. Many people bought property with the expectation they were in a major growth area of the County. The County has succeeded in targeting growth in the Corridor and diverting it from other areas. She hopes the Board can seriously address infrastructure needs now.
Neuzil said this is a proposal, not an ordinance. He said they have to be careful about the give and take of where the boundaries are, using the roads to divide the areas. Neuzil would favor approving a particular application along a road that meets the road performance standards and where other properties on the other side of the road are in the growth area. Neuzil said the Board has approved a few exceptions in the current Phase I. Sullivan said he likes using the road as a guideline, because granting 1000 feet on the other side of the road will lead to cul-de sacs.
Motion by Stutsman, second by Sullivan, to approve and authorize the Chairperson to sign the Amendment to the Johnson County Land Use Plan by deleting all references to North Corridor Phase I and Phase II; by replacing references to the North Corridor with new language that refers to the area as the North Corridor Development Area (Corridor); and by changing the Land Use Map and North Corridor Map by deleting separate North Corridor Phases and replacing them with a North Corridor Development Area
Public Hearing closed at 6:29 p.m.
Reconvened Public Hearing of June 11, 2009 on First and Second consideration of the following Zoning Application at 6:29 p.m.
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.
Moore said the applicant requested a 2 week deferral and staff supports the request. No one from the public spoke.
Motion by Stutsman, second by Sullivan, to defer Zoning Application 15599 to July 23, 2009, and continue the Public Hearing at 9:00 a.m. Roll call: aye: Harney, Stutsman, Neuzil, Sullivan, Meyers.
Public Hearing closed at 6:30 p.m.
Motion by Stutsman, second by Sullivan, to accept the low bid of $345,567.90 from Peterson Contractors, Inc. for Secondary Roads project LFM-120-DB—7X-52, 120th Street NW and Derby Avenue NW, intersection improvements and authorize the Chairperson to sign a contract and bond.
RESOLUTION 07-09-09-01
RESOLUTION AWARDING AND AUTHORIZING EXECUTION OF CONTRACT FOR STRUCTURAL INSPECTION AND FEASIBILITY STUDY FOR SUTLIFF BRIDGE
Whereas, the Sutliff Bridge was substantially damaged in June, 2008 as a result of catastrophic flooding in Johnson County, and,
Whereas, it is necessary for Johnson County to determine the structural integrity of the remaining portions of the bridge as well as the feasibility and estimated cost of various options of repair or removal, and
Whereas, a Request for Proposal was provided to engineering firms known to Johnson County to have the experience and expertise to perform a structural inspection and feasibility report, and
Whereas, two proposals have been received and reviewed, and it was determined that VJ Engineering of Coralville, Iowa was the lowest, responsible bidder and said bid was for $19,500.00.
Now, Therefore, Be It Resolved that VJ Engineering was the lowest, responsible bidder for the proposed project and that the bid amount is $19,500.00
Be It Further Resolved that the Board hereby awards the contract for the Sutliff Bridge Structural Inspection and Feasibility Study to VJ Engineering of Coralville, Iowa and authorizes the Chairperson to sign any documents necessary to effectuate said award of contract in such manner as is consistent with Iowa law.
Motion by Sullivan, second by Meyers, to approve Resolution 07-09-09-01. Roll call: Aye: Stutsman, Neuzil, Sullivan, Meyers; abstain: Harney.
Adjourned to Informal meeting at 6:32 p.m.
______________________________________________________________________
Terrence Neuzil, Chair, Board of Supervisors
______________________________________________________________________
Attest: Tom Slockett, Auditor
By:
On the _______ day of _____________________, 2009
By Nancy Tomkovicz, Recording Secretary
These minutes were sent for publication and formal approval on July 16, 2009.
Sent to the Board of Supervisors on July 13, 2009 at 11:20 a.m.