MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
AUGUST 6, 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, Terrence Neuzil, and Rod Sullivan: absent: Larry Meyers and Sally Stutsman.
Unless otherwise noted, all actions were taken by the following vote: Roll call: aye: Harney, Neuzil, Sullivan; absent: Stutsman, Meyers.
Motion by Sullivan, second by Harney, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors.
Motion by Sullivan, second by Harney, to approve the minutes of the formal meeting of July 30, 2009.
Motion by Harney, second by Sullivan, to approve the payroll authorizations submitted by department heads, as approved by a majority of the Supervisors.
Reconvened Public Hearing of July 23, 2009 on First and Second consideration of Zoning Application 15599 at 9:02 a.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.
Planning and Zoning Assistant Administrator R.J. Moore said staff recommends the applicant improve Buchmayer Bend Road from its southern intersection of Highway 1 to the northern intersection with Highway 1, and encourages the applicant to share the costs with other land owners. Sullivan asked Moore if all other zoning conditions have been met, and if only the road issue is in question now. Moore said yes.
Board members and staff discussed Road Performance Standards and right-of-way issues on Buchmayer Bend Road. Assistant County Attorney Andy Chappell clarified that only the County can purchase the right-of-way, and in this situation, the ordinance requires the landowner to donate the right-of-way. However, there is no application pending to the north of the property, therefore there is no requirement for a right-of-way donation, and the applicant has no authority to force the right-of-way purchase. Sullivan suggested that the applicant set aside in escrow the value of the right-of-way. Chappell said right-of-way values will fluctuate over time.
Harney expressed concern for fairness if the County asks one developer to improve a road beyond his/her property line, and suggested the additional burden should rest with future developers. Moore recommended the applicant pay for improvements from the southern intersection of Highway 1 to the north edge of their property. The County can then complete road improvements, and create a cost-sharing agreement for any future abutting property owners. He also recommended the County have these changes in place prior to allowing development to occur. Harney said requiring one developer to install the entire road will drive up the cost of the lots, creating an unfair advantage to future developers. Moore recommended that the applicant be held responsible for improvements up to their northern end. He advised the Board that if they approve the application, the County must plan for the road improvements and, in fairness to the applicant, include a cost recovery plan.
Neuzil questioned who should be responsible for the 1/2 mile of road and raised the possibility of charging a road-use fee. Chappell said such past efforts have proven problematic. When road improvements are required as part of a conditional zoning agreement, those improvements are supposed to be tied to the need created by the zoning. If the road is already there, then it is tough to argue that the rezoning is creating a need on a road already there. The Board has the authority to pursue a very unpopular course, build a road and assess its cost to property owners.
Moore suggested it would not be overly taxing to land owners to work out a cost-sharing agreement among themselves and this is the only fair way to go. Glen Meisner of MMS Consultants, speaking for the application, said placing the full burden on the applicant would be unfair, and he questioned the need to improve the entire road rather than only the heavily traveled southern portion.
Sullivan asked County Engineer Greg Parker for his opinion about safety on multi-surface roads. Parker said there can be safety issues but he also noted the unpredictability of traffic patterns. There will always be northbound traffic, and if nothing is done with that section of road, the County will create a situation where residents on the south side of the roadway were allowed to develop without considering the impact their development will have on residents living on the north side of the road. Parker recommended planning ahead how to address problematic situations. Sullivan asked if the DOT has plans to improve the intersections and Parker said the DOT has plans for partial improvements at the north and south intersections.
Chappell said the applicant is entitled to a vote from the full Board and in the absence of two members today, he recommended the Board give the applicant some indication of how they might vote. Chappell said since the agreement is not signed the public hearing must be continued anyway. Neuzil said he would prefer an agreement that requires the northern section of the road have at least a calcium chloride treatment until another development moves in. Harney said the difference is that the developer has a home there along with one other person and he does not see the need for the developer to pay for calcium chloride on the north end of the road. Sullivan said he wants future discussions about how to equitably share the costs of public improvements, but in this case, it is worth it to get 3/4 of the road done and deal with the other quarter later.
Chappell recommended the applicant request a one-week deferral until an agreement is signed, and that the vote be deferred until at least four Board members are present. Meisner requested a one-week deferral on behalf of the applicant.
Motion by Harney, second by Sullivan, to defer Application 15599 and continue the public hearing on August 13, 2009 at 5:30 p.m. Roll call: aye: Harney, Neuzil, Sullivan; absent: Stutsman, Meyers.
Public Hearing closed at 9:40 a.m.
Motion by Sullivan, second by Harney, to approve and authorize the Chairperson to sign the 28E Agreement between Johnson County and Hills regarding shared road maintenance responsibilities.
Motion by Harney, second by Sullivan, to approve and authorize the Chairperson to sign a contract for Project # ESL-CO52(94)—7S-52, PCC Sidewalk Trail, Dubuque Street Trail, from West Overlook Road to 275th Street NE, to Vieth Construction Corporation, Cedar Falls, Iowa, in the amount of $364,821.30.
Motion by Sullivan, second by Harney, to approve the Military Exemptions and Homestead Tax Credits applications for Iowa City as recommended by City Assessor Dennis Baldridge.
Adjourned to Informal meeting at 9:51 a.m.
______________________________________________________________________
Terrence Neuzil, Chair, Board of Supervisors
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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 August 13, 2009.
Sent to the Board of Supervisors on August 7, 2009 at 10:30 a.m.