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

AUGUST 13, 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 August 6, 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 Meyers, second by Harney, to place on file the Clerk’s Report of Fees Collected for the month of July, 2009, in the amount of $16,865.28, as submitted by Clerk of District Court Lodema Berkley.

 

      Convened Public Hearing on Platting and Zoning applications, Ordinance amending the Johnson County Unified Development Ordinance and proposed amendment to the 2008 Johnson County Land Use Plan at 5:32 p.m.

 

      Subdivision Application 15804 of Patricia Stevens signed by Jeff Stevens POA requesting preliminary and final plat approval of Robin Woods a Resubdivision of Lot 1, Chares Subdivision, a subdivision described as being located in the NW 1/4 of the NW 1/4 of Section 18, Township 80 North; Range 5 West, of the 5th P.M. in Johnson County, Iowa. This is a 2 lot, 1 outlot 17.04 acre residential, commercial subdivision located on the west side of Highway 1 NE at its intersection with Morse Road NE in Newport Township.

 

      Tom Anthony from Landmark Surveying was present to answer questions. Sullivan asked how the lots were combined before.  Anthony said it was two separate zonings with one owner.

 

RESOLUTION 08-13-09-Z1

RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF ROBIN WOODS, A RESUBDIVISION OF LOT 1 CHARES SUBDIVISION, JOHNSON COUNTY, IOWA

 

      Whereas, the owner has filed application 15804 for approval of a preliminary and final plat of Robin Woods, a Resubdivision of Lot 1 Chares 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: Owner’s Certificate; Attorney’s Title Opinion; Certificate from County Auditor; Certificate of County Treasurer; Subdividers’ Agreement; Resolution Affirming the Stability of the Current Road System; Fence Agreement; Access Easement Agreement; Hammer Head Turnaround Easement; Supplemental Well & Water Service Easement; Supplemental Access Easement Agreement; B. Subdivision Plat (5).

 

      Motion by Stutsman, second by Sullivan, to approve Resolution 08-13-09-Z1.

 

      Subdivision Application 15807 of Kim Peter and Peggy Tillman requesting preliminary and final plat approval of River Edge Subdivision, a subdivision of Auditors Parcel #2009034 and land described as being located in the SW 1/4 of the SE 1/4 of Section 22, Township 81 North, Range 7 West of the 5th P.M. in Johnson County, Iowa. This is a 2 lot, 3.01 residential subdivision located on the east side of Curtis Bridge Road NE approximately 3500 feet north of its intersection with Highway 965 NE in Madison Township.

 

      Glenn Meisner of MMS Consultants was present to answer questions.

 

RESOLUTION 08-13-09-Z2

RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF RIVER EDGE SUBDIVISION JOHNSON COUNTY, IOWA

 

      Whereas, the owner has filed application 15807 for approval of a preliminary and final plat of River Edge 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: Owner’s Certificate; Title Opinion; Certificate of County Auditor; Certificate of County Treasurer; Mortgagee Consent to Subdivision; Resolution Affirming the Stability of the Current Road System; Subdividers’ Agreement; Easement for Public Highway; Septic System Easement; Access Easement Agreement; B. Subdivision Plat (5); C. Acquisition Plat (5)

 

      Motion by Sullivan, second by Stutsman, to approve Resolution 08-13-09-Z2.

 

      Rezoning Application 15860 of AgVantage FS, Inc. signed by Gaylan Brunssen, General Manager requesting rezoning of 7.88 acres from A-Agricultural to MH-Heavy Industrial of certain property described as being in the NE 1/4 of the NW 1/4 of Section 22, Township 80 North, Range 8 West of the 5th P.M. in Johnson County, Iowa. This property is located in the SW quadrant of Highway 6 NW and Lower Old Highway 6 NW in Oxford Township.

 

      Tom Anthony from Landmark Surveying noted this is an expansion of an existing ag business and that the conditional zoning permit limits the uses.  Not all of the ten acres will be used because of critical slopes.

 

      AgVantage General Manager Gaylan Brunssen said the goal is to upgrade services to ag producers in the area and combine operations. Harney asked if the downtown Oxford site would be vacated; Brunssen said it would.  Stutsman asked if manufacturing would be done at the site; Brunssen said no.

 

      Mary Hanson, Steve Hanson, Judy Russell, and Julester Haste spoke against the application.  Andrew Charbon spoke in favor of the application.

 

      FS Risk Manager Tom Michael said the company was simply expanding existing operations, and chemicals will be in a tank and in a building.  Harney asked if other services such as fuel sales may occur. Michael said that was a long range plan but there are no current plans.  Stutsman asked why the Sheriff’s Department had been to the site. Michael said theft is an ongoing problem with anhydrous ammonia because of meth.  Sullivan said site plan review could address what types of fencing would reduce theft.  Michael said the larger presence would reduce theft because the present facility is not staffed, and fences raise liability issues.

 

      Oxford Mayor Don Saxton said there is no opportunity for FS to expand in the city limits and there have been no problems with spills.

 

      Mary Hanson said the site plan did not indicate that everything would be contained in a building.  Neuzil noted that this meeting addressed simply zoning. Assistant Planning and Zoning Administrator R.J. Moore said the applicant would need to apply for plat approval, a building permit, and site plan review.  Michael said chemicals would be inside the building but petroleum tanks would be outside.

 

      Haste said there was a link between ammonia and the death of some of her cattle.  Assistant County Attorney Andy Chappell said Iowa Code requires that if a certain number of adjacent property owners object it would require a 60 percent vote, or three Supervisors.

 

      Planning and Zoning Intern Dan Fox said the parcel had initially been five acres and was rezoned when it grew to ten acres.  Moore said staff has recommended a conditional zoning which limits the use.  Chappell said the proposed conditional zoning agreement has not yet been signed and conditions must be agreed to in writing before the public hearing closes.

 

      Recessed at 6:29 p.m.; reconvened at 6:34 p.m.

 

      Moore said the conditional zoning agreement had been signed during the recess.  Harney asked if the Oxford Fire Department had been consulted.  Moore said the City itself had consented.  Harney said he had visited the site and had security concerns.  Randy Brull of FS said the tanks had been bled and refilled to check for leaks and that was what Harney had seen. 

 

      Sullivan said this type of business was not usually sited in an ag area, but it was an ag business, on a hard surface road, and the zoning was conditional.  Harney said part of the land was already zoned but he will want screening and additional protection.  Stutsman said this begs the question about compatible land use, and the existing business had been on site since 1976.  Meyers said it was an appropriate use of land and will serve the ag community.  Neuzil said the Board will look at aesthetics in the platting process.

 

      Motion by Sullivan, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to conditionally rezone the property described in Rezoning Application 15860 pursuant to the signed agreement on first and second consideration.  Roll call: aye: Harney, Stutsman, Neuzil, Sullivan, Meyers.

 

      Rezoning Application 15861 of Kevin Kidwell requesting rezoning of 72.8 acres from A-Agricultural to R-Residential of certain property described as being in the NW 1/4 of the SW 1/4 and in the SW 1/4 of the SW 1/4 of Section 34, Township 81 North, Range 6 of the 5th P.M., in Johnson County, Iowa. This property is located on the east side of Sugar Bottom Rd NE approximately 1250 feet north of its intersection with Broganville Lane NE in Big Grove Township.

 

      Kevin Kidwell asked the Board to consider waiving the conditional use.  Harney asked if a shared wastewater system would work.  Moore said he had met with Kidwell and conditional zoning on this application could help Kidwell cluster his property to the west with this property used mainly as outlots.  Kidwell said the market has changed and big lots are less popular.  Stutsman asked if Road Performance Standards are a factor.  Moore said many lots can be added without exceeding standards.  Moore said if the Board wanted to pursue an agreement for shared wastewater, that agreement would need to be completed first.

 

      Motion by Sullivan, second by Stutsman, to continue the public hearing on Rezoning Application 15861 to August 20, 2009 at 9 a.m. and defer consideration of Rezoning Application 15861.  Roll call: aye: Harney, Stutsman, Neuzil, Sullivan, Meyers.

 

      Ordinance amending the Johnson County Unified Development Ordinance to address the acceptable placement of child care homes, child development homes, and child care centers.

 

      Social Services Coordinator Amy Correia said the ordinance would allow facilities as long as they followed state code.  Stutsman said the change would improve child care in the unincorporated area.  Harney said he was concerned that this was inconsistent with how other home businesses are regulated.  Correia said the patterns of child care indicated that traffic would not significantly increase.

 

      Motion by Stutsman, second by Sullivan, to waive the requirement of three considerations before amending an ordinance and to approve the Ordinance amending the Johnson County Unified Development Ordinance to address the acceptable placement of child care homes, child development homes, and child care centers on first and second consideration.  Roll call: aye: Harney, Stutsman, Neuzil, Sullivan, Meyers.

 

      Proposed amendment to the 2008 Johnson County Land Use Plan, by adopting the Sutliff Village Plan as an appendix.  (Said Sutliff Village Plan may be viewed on the County’s webpage at www.johnson-county.com or copies of the Sutliff Village Plan can be obtained at the Johnson County Planning and Zoning Office or the Johnson County Auditor’s Office).

 

RESOLUTION 08-13-09-Z3

RESOLUTION APPROVING THE SUTLIFF VILLAGE PLAN AS AN APPENDIX TO THE JOHNSON COUNTY LAND USE PLAN

 

      Whereas, the Board of Supervisors finds that the Sutliff Village Plan is intended to supplement the Johnson County Land Use Plan specifically regarding future growth in Sutliff and the surrounding area; and

 

      Whereas, the Board of Supervisors finds that it is in the public interest to adopt said Sutliff Village Plan as an appendix to the Johnson County Land Use Plan.

 

      Now, Therefore Be It Resolved by the Johnson County Board of Supervisors, that the following Sutliff Village Plan, copies of which can be obtained at the Johnson County Planning and Zoning Office, Johnson County Auditor’s Office or at www.johnson-county.com, is hereby adopted as an appendix to the Johnson County Land Use Plan.

 

      Be It Further Resolved that this Sutliff Village Plan shall become effective as an Appendix to the Land Use Plan upon adoption of this Resolution.

 

      Motion by Sullivan, second by Meyers, to approve Resolution 08-13-09-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.

 

      Glenn Meisner of MMS Consultants said the signed agreement calls for improving Buchmayer Bend to the north end of the applicant’s property, but additional improvement would be a burden.

 

      Motion by Harney, second by Sullivan, to waive the requirement of three considerations before amending an ordinance and to conditionally rezone the property described in Application 15599 pursuant to the signed agreement on first and second consideration.  Roll call: aye: Harney, Stutsman, Neuzil, Sullivan, Meyers.

 

      Public Hearing closed at 7:46 p.m.; reconvened Public Hearing on Subdivision Application 12395 at 7:46 p.m.

 

      Subdivision Application 12395 of Bohac-Picek Family Partnership requesting reappoval of the preliminary plat Woods at Hunters Creek, pursuant to 8.1.21.II.6 of the Johnson County Unified Development Ordinance, a subdivision described as being located in the SW 1/4 of the NW 1/4 of Section 14, and the SE 1/4 of the SW 1/4 of Section 15; all in Township 81 North, Range 7 W of the 5th P.M., Johnson County, Iowa.  This is a 23-lot subdivision, with 20 residential lots and 3 outlots, located on the east side of Curtis Bridge Road NE, approximately 1/2 mile south of its intersection with Sandy Beach Road NE in Jefferson Township.

 

RESOLUTION 08-13-09-Z4

RESOLUTION RE-APPROVING THE PRELIMINARY PLAT OF WOODS AT HUNTERS CREEK, JOHNSON COUNTY, IOWA.

 

      Whereas, the Johnson County Board of Supervisors approved the preliminary plat application 12395 for Woods at Hunters Creek on July 21, 2005 and

 

      Whereas, the Bohac-Picek Family Partnership requests re-approval of the preliminary plat Woods at Hunters Creek, per 8.1.21.II.6 of the Johnson County Unified Development Ordinance

 

      Now, Therefore, Be It Resolved by the Board of Supervisors of Johnson County, Iowa:

 

1.  That said plat be reapproved.

2.  That the Chairperson be directed to sign said plat.

 

      Motion by Stutsman, second by Sullivan, to approve Resolution 08-13-09-Z4. 

 

      Public Hearing closed at 7:49 p.m.

 

RESOLUTION 08-13-09-Z5

 

      Whereas, the Johnson County Planning and Zoning Commission, following a public hearing, on August 10, 2009, filed its report and recommendations for certain actions;

 

      Now, Therefore, Be It Resolved as follows:

 

      1. A public hearing in accordance with Section 335.6 of the Iowa Code is set for the 10th day of September, 2009 at 5:30 p.m. in Room 203B and 203C, Johnson County Health & Human Services Building, 855 South Dubuque Street, Iowa City, Iowa, on the following subdivision applications: Schmidt (15555), Pechous (15914), Bryant (15915), AgVantage FS Inc (15916), Johnson County Extension Service Subdivision (15918),and zoning application: Curtis (15913).

 

      2. 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 08-13-09-Z5.

 

      Motion by Harney, second by Stutsman, to approve and authorize the Chairperson to sign the amendments to the Greenhouse Gas Reduction Plan.

 

      Motion by Sullivan, second by Meyers, to approve and authorize the Chairperson to sign the Federal Highway Stimulus Program Project Aid Agreement with the Iowa Department of Transportation for Project ESFM-CO52(90)—5S-52, PCC pavement – grade and replace, 120th Street from west of Highway 965, East 3,250 feet (excluding work on the bridge overpass over I-380).

 

      Motion by Sullivan, second by Stutsman, to approve and authorize the Chairperson to sign the Federal Highway Stimulus Program Project Aid Agreement with the Iowa Department of Transportation for Project ESFM-CO52(93)—5S-52, PCC overlay – unbonded – W64 (Oak Crest Hill Road) from south corporate limits of Hills to the Washington County Line.

 

      Motion by Stutsman, second by Sullivan, to approve and authorize the Chairperson to sign the First Amendment to the Intergovernmental Agreement for the agreement between Johnson County and the Iowa Bureau of Collections to eliminate the position of the Assistant County Attorney and replace that position with an Assistant Attorney General for the Child Support Recovery Unit.

 

      Motion by Sullivan, second by Meyers, to approve spending up to $4,875 from the County Health Fund (Fund 13) to provide influenza vaccines for eligible Johnson County employees and household members.

 

      Motion by Harney, second by Sullivan, authorizing the Johnson County Public Health Department to provide Radon Test Kits for a fee of $4.00 per kit or $6.00 per kit if mailed.

 

      Motion by Stutsman, second by Sullivan, to approve and authorize the Chairperson to sign an Application for Fireworks Permit for Paul Myers, Swisher, for display at the common use area at Deerwoods Drive, Swisher, on August 28, 2009.

 

      Adjourned to Informal meeting at 7:59 p.m.

 

 

 

______________________________________________________________________

Terrence Neuzil, Chair, Board of Supervisors

 

 

 

______________________________________________________________________

Attest: Tom Slockett, Auditor

By:

On the _______ day of _____________________, 2009

By John Deeth, Recording Secretary

These minutes were sent for publication and formal approval on August 20, 2009.

Sent to the Board of Supervisors on August 14, 2009 at 12:00 p.m.