MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
SEPTEMBER 10, 2009
Chairperson Neuzil called the Johnson County Board of Supervisors to order in the Johnson County Health and Human Services Building at 5:30 p.m. Members present were: Pat Harney, Terrence Neuzil, Sally Stutsman, and Rod Sullivan; absent: Larry Meyers.
Unless otherwise noted, all actions were taken by the following vote: Roll call: aye: Harney, Stutsman, Neuzil, Sullivan; absent: Meyers.
Motion by Sullivan, second by Stutsman, 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 September 3, 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 Stutsman, second by Sullivan, to approve and authorize the Chairperson to sign: a Renewal Application for a Class B Beer Permit, Application for Outdoor Service Area, and Application for Sunday Sales Privilege for Baxa's Sutliff Store and Tavern, Lisbon, as submitted by Randy Howell.
Motion by Harney, second by Sullivan, to place on file the Clerk’s Report of Fees Collected for the month of August, 2009, in the amount of $12,138.78, as submitted by Clerk of District Court Lodema Berkley.
Motion by Sullivan, second by Stutsman, accept receipt of and to place on file the Public Professional and Maintenance Employees (PPME) International Union of Painters and Allied Trades (IUPAT) Local 2003 presentation of collective bargaining proposals for 2010-2011 with Johnson County for the Administrative Unit, the Secondary Roads Unit, and the Sheriff's Office Unit.
Convened Public Hearing on Zoning and Platting Applications at 5:35 p.m.
Rezoning Application 15913 of Gary and Rebecca Curtis requesting rezoning of .53 acres from A-Agricultural to R-Residential of certain property described as being in the NW 1/4 of the NW 1/4 of Section 5, Township 78 North, Range 7 West of the 5th P.M. in Johnson County, Iowa. This property is located on the east side of Hazelwood Avenue SW, approximately 1200 feet north of its intersection with Highway 1 SW in Sharon Township.
Assistant Planning and Zoning Administrator R.J. Moore said this rezoning would eliminate two zoning areas on one lot and allow the applicant to comply with set-back requirements. Moore said there have been a considerable number of residential zonings in this area since 1960 and staff recommends this rezoning.
No one from the public spoke.
Motion by Harney, second by Sullivan, to waive the requirement of three considerations before amending an ordinance and to approve Application 15913 on first and second consideration. Roll call: aye: Harney, Stutsman, Neuzil, Sullivan; absent: Meyers.
Subdivision Application 15555 of Joe Schmidt requesting preliminary and final plat approval of Joe Schmidt Subdivision, a subdivision described as being located in the SW 1/4 of the NW 1/4 of Section 16 Township 81 North, Range 5 West of the 5th P.M. in Johnson County, Iowa. This is a 1 lot, 2.43 acre, farmstead split located on the east side of Sutliff Road NE approximately 1323 feet south of its intersection with 140th Street NE in Cedar Township.
Planning and Zoning Assistant Planner Josh Busard said the house on the property was constructed before the farmstead split application and no inspection occurred. The applicant miscalculated the north boundary line when building the house. Busard said the Board of Adjustment denied the variance request. The applicant filed to rezone the property, and requested the plat be referred back to the Planning and Zoning Commission for an amended plat, which Busard said staff would accept.
Assistant County Attorney Andy Chappell asked how the platting application would be amended. MMS Consultants Representative Glen Meisner, speaking for the application, said it would be a one lot subdivision and the lot will be larger. Chappell said if the applicant requests significant amendments to the plat, which these seem to be, a new public hearing would be required. Harney asked Chappell if the Board can send a farmstead split application back for rezoning consideration. Chappell replied yes, though it is not common. He said the intent of the change, to submit a rezoning application, is irrelevant tonight, except that the applicant is being upfront with their intentions. Sending the plat back to Planning and Zoning will give the applicant time to organize, and let those applications go through in due course. Sullivan said hypothetically, if the Board decides to rezone five or six acres of a 70-acre parcel, there is still a farm there that could still have a farmstead split. Busard replied that a condition of the rezoning would be to prevent future farmstead splits.
Motion by Sullivan, second by Harney, to refer Application 15555 back to the Planning and Zoning Commission to allow the applicant to file an amended plat.
Subdivision Application 15914 of Edward C Pechous requesting preliminary and final plat approval Wessley First Subdivision, a subdivision described as being located in the SE 1/4 of the NW 1/4 of Section 3, Township 78 North, Range 5 West of the 5th P.M. in Johnson County, Iowa. This is a 2 lot subdivision containing 1 buildable lot and 1 agricultural outlot, 6.90 acre farmstead split located on the west side of Vincent Avenue SE approximately 3200 feet north of its intersection with 480th Street SE in Lincoln Township.
Hart Frederick Consultants Representative Scott Ritter spoke for the application.
RESOLUTION 09-10-09-Z1
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF WESSLEY FIRST SUBDIVISION JOHNSON COUNTY, IOWA
Whereas, the owner has filed application 15914 for approval of a preliminary and final plat of Wessley First 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: Certificate of Owners and Subdividers; Title Opinion; Certificate of County Auditor; Certificate of Treasurer; Subdivider’s Agreement; Covenant for Fences; Covenant for Access Easement; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5).
Motion by Sullivan, second by Harney, to approve Resolution 09-10-09-Z1.
Subdivision Application 15915 of Bill and Sharon Bryant requesting preliminary and final plat approval of Bryant Hilltop, a subdivision described as being located in the NW 1/4 of the SE 1/4 of Section 7, Township 80 North, Range 7 West of the 5th P.M. in Johnson County, Iowa. This is a 1 lot, 4.00 acre farmstead split located on the south side of 250th Street approximately 3300 feet east of its intersection with Green Castle Avenue NW in Madison Township.
Landmark Surveying Representative Tom Anthony was present to answer questions.
RESOLUTION 09-10-09-Z2
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF BRYANT HILLTOP JOHNSON COUNTY, IOWA
Whereas, the owner has filed application 15915 for approval of a preliminary and final plat of Bryant Hilltop, 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 and Consent to Subdivision; Opinion of Attorney; Certificate from County Auditor; Certificate of Treasurer; Subdivider’s Agreement; Fence Agreement and Covenant; Easement for Public Highway; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5); C. Acquisition Plat (6).
Motion by Stutsman, second by Sullivan, to approve Resolution 09-10-09-Z2.
Subdivision Application 15916 of AgVantage FS, Inc. signed by Tom Anthony requesting preliminary and final plat approval of AgVantage FS Addition, a subdivision described as being located in the NE 1/4 of the NW 1/4 of Section 22, Township 80 North, Range 8 West of the 5th P.M. on Johnson County, Iowa. This is a 2 lot 10.0 acre industrial subdivision located on the west side of Lower Old Highway 6 at its intersection with Iowa Highway 6 in Oxford Township.
Landmark Surveying Representative Tom Anthony was present to answer questions.
Harney asked if screening will be required and Busard replied it will be considered during the site planning process. Moore added that buffering is not required along the ag shared boundaries but is required along the road frontage.
RESOLUTION 09-10-09-Z3
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF AGVANTAGE FS ADDITION JOHNSON COUNTY, IOWA
Whereas, the owner has filed application 15916 for approval of a preliminary and final plat of AgVantage FS Addition, 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; Dedication and Consent; Exhibit A; Title Opinion; Certificate from County Auditor; Certificate of Treasurer; Subdivider’s Agreement; Fence Agreement; Easement for Public Highway; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (6); C. Acquisition Plat (6).
Motion by Harney, second by Sullivan, to approve Resolution 09-10-09-Z3.
Subdivision Application 15918 of Johnson County Extension Service signed by Larry Bonde requesting preliminary and final plat approval of Johnson County Extension Service Subdivision, a subdivision described as being located in the S 1/2 of the NE 1/4 of Section 28, Township 79 North, Range 6 West of the 5th P.M. in Johnson County, Iowa. This is a 1 lot, 1.66 acre commercial subdivision located on the west side of Oak Crest Hill Road approximately 2800 feet south of its intersection with Mormon Trek Blvd. in West Lucas Township.
Busard recommended deferring Subdivision Application 15918 until September 17, 2009, with the applicant's approval. Sullivan asked if the applicant plans on tapping into the existing well. MMS Consultants Representative Glen Meisner was present to answer questions and replied that the applicant plans to share the existing well. Barton Schuchert spoke for the application.
Motion by Stutsman, second by Sullivan, to defer Subdivision Application 15918 until September 17, 2009, and continue the Public Hearing.
Public Hearing closed at 6:08 p.m.
Recessed at 6:08 p.m.; reconvened at 6:11 p.m.
RESOLUTION 09-10-09-01
NAMING DEPOSITORIES
Whereas, the Johnson County Board of Supervisors in Johnson County, Iowa approves the list of financial institutions to be depositories of Johnson County funds and specifies the maximum amount which may be kept on deposit in each depository, in conformance with Code of Iowa, section 12C.2, Deposit of Public Funds, Approval-requirements; and
Whereas, this resolution amends Resolution 03-12-09-04;
Therefore be it resolved that the following depositories and maximum deposit balances be approved:
Auditor: US Bank, Iowa City $750,000
Public Health: Hills Bank & Trust, Hills $20,000
Recorder: Hills Bank & Trust, Hills $500,000
SEATS: Farmers & Merchants Savings Bank, Lone Tree $400
Hills Bank & Trust, Hills $250,000
Solon State Bank, Solon $400
Sheriff: Hills Bank & Trust, Hills $5,000,000
West Bank, Iowa City $10,000
Treasurer: Bank of America, Des Moines $ 40,000,000
Bridge Community Bank, Solon $ 5,000,000
Farmers & Merchants Savings Bank, Lone Tree $500,000
First Trust & Savings Bank, Oxford $500,000
Freedom Security Bank, Coralville $9,000,000
Hills Bank & Trust, Hills $100,000,000
Midwest One Bank, Iowa City $30,000,000
Liberty Bank, Iowa City $500,000
Solon State Bank, Solon $500,000
Swisher Trust & Savings Bank, Swisher $500,000
University of Iowa Community Credit Union, Iowa City $500,000
US Bank, Iowa City $500,000
Wells Fargo Bank, Coralville $500,000
West Bank, Iowa City $500,000
First American Bank, Iowa City $25,000,000
Motion by Harney, second by Stutsman, to approve Resolution 09-10-09-01.
Motion by Sullivan, second by Stutsman, to approve and authorize the Chairperson to sign certifications for the Summer 2009 Prosecutor Internship Program (request for reimbursement from the Attorney General's Office for support of the Johnson County Attorney's Summer Law Clerk Program).
Motion by Sullivan, second by Stutsman, to approve and authorize the Chairperson to sign a contract with Elizabeth I. Rogers for $1,772.00 for right-of-way acquisition for a bridge replacement project on the Johnson Cedar Road, Section 25, T80N, R5W, Graham Township, Johnson County Project No. L-200904--73-52, Cedar County Project No. L-200904--73-16.
Motion by Sullivan, second by Harney, to approve and authorize the Chairperson to send Kyle Van Stein a letter regarding membership on the Johnson County Historic Preservation Commission.
Adjourned to Informal meeting at 6:25 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 September 17, 2009.