MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
OCTOBER 8, 2009
Chairperson Neuzil called the Johnson County Board of Supervisors to order in Room 203B of the Johnson County Health and Human Services Building at 5:31 p.m. Members present were: Pat Harney, Terrence Neuzil, Sally Stutsman, and Rod Sullivan.
Unless otherwise noted, all actions were taken unanimously.
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 Sullivan, second by Stutsman, to approve the minutes of the formal meeting of October 1, 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 accept the County Auditor’s Quarterly Report of Fees Collected for the quarter ending September 30, 2009, in the amount of $4,934.69 as submitted by County Auditor Tom Slockett.
Motion by Harney, second by Sullivan, to place on file the Clerk’s Report of Fees Collected for the month of September, 2009, in the amount of $14,322.83, as submitted by Clerk of District Court Lodema Berkley.
Convened Public Hearing on Zoning and Platting Applications at 5:34 p.m.
Rezoning Application 15973 of Nathan Flatgard requesting rezoning of 3.98 acres from R-Residential to A-Agricultural and 9.96 acres from A-Agricultural to R5-Residential of certain property described as being in the NE of the SW and the SE of the SW of section 12, Township 81 North, Range 7 West of the 5th P.M. in Johnson County, Iowa. This property is located on the east side of Hickory Hollow Road NE approximately 3/4 of a mile south of its intersection with 120th Street NE in Jefferson Township.
Assistant Planning and Zoning Administrator R.J. Moore said the applicant wants to trade the 3.98 acres for 9.96 acres. In 1996, the County approved the 3.98 R zoning. If approved, the applicant would plat the 9.96 acre parcel and do a second farmstead split lot. Moore said he recommended a tradeoff to the applicant since the County is not interested in large lots, and since this land is in a non-growth area. According to the 2008 Land Use Plan, this parcel is outside the North Corridor Development Area, in an area where agriculture is the preferred use, and, is located in the Johnson County/Shueyville Fringe Area also identified as an Ag area. Moore said the applicant would have to plat the area if the rezoning is granted. He said the Land Evaluation Site Assessment indicates the property is marginal for non-Ag development. The Planning and Zoning Commission voted to recommend denial of the application. Moore said the Board has previously approved tradeoffs, although the tradeoffs were usually of equal value, or the applicant down-zoned more than they were asking to up-zone. He said this is not an advantageous tradeoff to the County. He added that if the Board approves the application, it will probably not set a precedent for the area, but may give the impression the County is interested in going back to zoning large lots.
Stutsman asked why Moore said he does not think a precedent would be set. Moore replied that in this situation, the applicant is getting less than they are entitled to. Moore said the City of Shueyville went against the Fringe Area Agreement when it recommended approval. Neuzil asked if Shueyville is violating any agreement the County has with them. Moore said Shueyville's vote to recommend approval goes against the adopted Fringe Area Agreement. Neuzil asked if the area is still within Shueyville's growth area. Moore said it is not, it is in a non-growth area.
Harney asked if, instead of rezoning it all residential, could some of the property be placed as an outlot with a four or five acre building site. Moore said yes, and even without the 10 acres, they still have enough for the farmstead split.
Harney asked if the applicant is relinquishing two buildable lots in exchange for one. Glen Meisner of MMS Consultants, speaking for the application, said yes. Neuzil said they will still be able to do a farmstead split and Meisner agreed.
Stutsman asked for clarification of two zoning lots on one piece of land. Assistant County Attorney Andy Chappell said often, with properties that were rezoned years ago, instead of rezoning an entire 20 acre parcel of land, they would rezone only a portion. These rezonings cause problems because they may create artificially small building packages. Chappell said the Board changed the ordinance a few years ago to require that any parcel have only one zoning on it. Sullivan asked if the applicant could subdivide and then have different zonings. Chappell said yes.
Neuzil clarified that if the Board approves this application, the rezoning would revert to ag and in exchange, there would be one house built in the larger square. Meisner said correct. Neuzil asked staff if their concern is that is too large a piece of property for just one residential dwelling. Moore said yes, Planning and Zoning has traditionally discouraged large lot developments. He recommended the Board provide an explanation for their votes so that future applicants will understand the Board is not encouraging large lots.
Nathan and Steve Flatgard spoke for the application.
Sullivan said he can occasionally support applications that do not fit the letter of the law because they meet ulterior goals and the tradeoffs are mutually beneficial to the County and its residents. He said he is absolutely, not at all, in favor of larger lots, but this situation is acceptable. Harney said he is going to support the application because the applicant is giving up two buildable lots. Harney said he is taking the applicant at their word to protect the forest area. Neuzil said this sounds like a fair tradeoff.
Motion by Harney, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve Rezoning Application 15973 on first and second consideration. Roll call: aye: Harney, Stutsman, Neuzil, Sullivan.
Subdivision Application 15809 of Harry Ambrose requesting preliminary plat approval of Rosewood, a subdivision described as being located in the SE 1/4 of Section 22, Township 81 North, Range 7 West of the 5th P.M. in Johnson County, Iowa except for Auditor’s Parcel 2009034. This is a 24 lot, 7 outlot, 60.43 acre residential subdivision located on the east side of Curtis Bridge Road NE approximately 3000 feet north of its intersection with Highway 965 NE in Madison Township.
Sullivan asked about the strip of land owned by the Corps of Engineers. Landmark Surveying Representative Tom Anthony, speaking for the application, said the terms of the lease allow the applicant free and clear usage of that land.
RESOLUTION 10-08-09-Z1
RESOLUTION APPROVING THE PRELIMINARY PLAT OF ROSEWOOD, JOHNSON COUNTY, IOWA
Whereas, the owner has filed application 15809 for approval of a preliminary plat Rosewood , 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 Stutsman, second by Sullivan, to approve Resolution 10-08-09-Z1.
Subdivision Application 15917 of Lila Jean Murphy requesting preliminary and final plat approval of JC Murphy Subdivision, a subdivision described as being located in the NW 1/4 of the NW 1/4 of Section 3, Township 79 North, Range 5 West of the 5th P.M. in Johnson County, Iowa. This is a 1 lot, 5 acre farmstead split subdivision located on the east side of Wapsi Avenue NE approximately 1000 feet south of its intersection with 340th Street NE in Scott Township.
MMS Consultants Representative Glen Meisner was present to answer questions. Sullivan said that with this farmstead split, that road becomes a level B road and he doesn't want the public to make the assumption that the County will upgrade the road simply because it’s the quickest artery for travelers to Iowa City or West Branch. He said the intended route is north and 340th Street.
RESOLUTION 10-08-09-Z2
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF JCMURPHY SUBDIVISION, JOHNSON COUNTY, IOWA
Whereas, the owner has filed application 15917 for approval of a preliminary and final plat of JCMurphy 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 Certificate; Certificate of County Auditor; Certificate of County Treasurer; Title Opinion; Subdivider's Agreement; Fence Agreement; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5).
Motion by Harney, second by Stutsman, to approve Resolution 10-08-09-Z2.
Subdivision Application 15966 of John Schneider requesting preliminary and final plat approval of Schneider First Subdivision. A subdivision described as being located in the NW 1/4 of the SW 1/4 of Section 16, Township 79 North, Range 7 West of the 5th P.M. in Johnson County, Iowa. This is a 1 lot, 1 outlot, 10 acre farmstead split subdivision with Lot 1 consisting of 2.68 acres and Lot A consisting of 7.32 acres, which is located on the east side of Ivy Road SW approximately 3200 feet south of its intersection with IWV Road SW in Union Township.
Hart Frederick Consultants Representative Scott Ritter spoke for the application.
RESOLUTION 10-08-09-Z3
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF SCHNEIDER FIRST SUBDIVISION, JOHNSON COUNTY, IOWA
Whereas, the owner has filed application 15966 for approval of a preliminary and final plat of Schneider 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: Owner Certificate; Certificate of County Auditor; Attorney’s Title Opinion; Certificate of County Treasurer; Subdivider's Agreement; Fence Agreement; Mortgagee Consent to Subdivision; Easement & Maintenance Agreement; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5).
Motion by Sullivan, second by Harney, to approve Resolution 10-08-09-Z3.
Subdivision Application 15968 of Earl Womer Trust signed by Betty Eden, Trustee requesting preliminary and final plat approval of Womer Farm Estates Subdivision. A subdivision described as being located in the NE 1/4 of the NE 1/4 of Section 14, Township 78 North, Range 6 West of the 5th P.M. on Johnson County, Iowa. This is a 1 lot, 5 acre farmstead split located on the west side of Sand Rd SE approximately 1000 feet south of its intersection with 500th Street SE in Pleasant Valley Township.
Betty Eden spoke for the application.
RESOLUTION 10-08-09-Z4
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF WOMER FARM ESTATES, JOHNSON COUNTY, IOWA
Whereas, the owner has filed application 15968 for approval of a preliminary and final plat of Womer Farm 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: Owner Acknowledgement of Consent; Attorney’s Title Opinion; Certificate of County Auditor; Certificate of County Treasurer; Subdivider's Agreement; Fence Agreement; Common Access Easement Agreement; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5).
Motion by Harney, second by Sullivan, to approve Resolution 10-08-09-Z4.
Subdivision Application 15970 of David Van Roekel requesting preliminary and final plat approval of Ever Tree Farm Estates. A subdivision described as being located in the S 1/2 of Section 24, Township 81 North, Range 7 West of the 5th P.M. in Johnson County, Iowa. This is a 3 lot 87.02 acre residential subdivision located on the east side of Lake Manor Road NE approximately 1700 feet south of its intersection with Sandy Beach Road NE in Jefferson Township.
Stutsman asked staff to explain to the public why they are considering such large lots. Assistant Planner Josh Busard said because it has already been zoned. Planning and Zoning Administrator Rick Dvorak said the applicant currently has four parcels on the property which they could sell without anyone's approval. The applicant has reduced the potential four lots to three lots, not creating any new buildable lots and this is perfectly legal. This has already been done on adjoining properties. The parcels were created prior to the 1977 Subdivision Ordinance and they are just reconfiguring existing lots. Sullivan said there are sensitive areas on these parcels and he is frustrated that the Sensitive Areas Ordinance (SAO) does not apply unless there are four or more lots. He said this situation is exactly where the SAO is needed and he would still like to see the ordinance apply when more than two lots are considered. Sullivan said he hopes the land owners will be good stewards of the land.
MMS Consultants Representative Glen Meisner was present to answer questions.
RESOLUTION 10-08-09-Z5
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF EVER TREE FARM ESTATES, JOHNSON COUNTY, IOWA
Whereas, the owner has filed application 15970 for approval of a preliminary and final plat of Ever Tree Farm 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: Owner Certificate; Attorney’s Title Opinion; Certificate of County Auditor; Certificate of County Treasurer; Subdivider's Agreement; Fence Agreement; Mortgagee Consent to Subdivision; Easement for Public Highway; Exhibit A; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5); C. Acquisition Plat (6).
Motion by Stutsman, second by Harney, to approve Resolution 10-08-09-Z5.
Public Hearing closed and meeting recessed at 6:28 p.m.; reconvened at 6:31 p.m.
Motion by Sullivan, second by Stutsman, to approve publication of the “Notice to Public for Finding of No Significant Impact on the Environment and Notice to Public of Intent to Request Release of Funds” related to Community Development Block Grant (CDBG) funding for flood buyouts, and authorize the Auditor’s Office to publish the notice.
Motion by Harney, second by Sullivan, to approve and authorize the Chairperson to execute documents necessary for approval of Environmental Assessment for CDBG funding for flood buyouts.
Motion by Sullivan, second by Stutsman, to approve and authorize the Chairperson to sign the 28E Shared Road Maintenance agreement with the City of Swisher.
Motion by Stutsman, second by Sullivan, to approve and authorize the Chairperson to sign an agreement with LL Pelling Paint Division ($12.40/gallon applied) for the application of pavement markings (various roads).
Motion by Stutsman, second by Sullivan, to approve and authorize the Chairperson to sign a contract with EyeMed Vision Care for employee vision care coverage, effective January 1, 2010.
Motion by Stutsman, second by Sullivan, to authorize the extension of vision care coverage to non-bargaining employees, effective January 1, 2010.
Motion by Harney, second by Sullivan, to set a public hearing for the FY2010 Johnson County budget amendment for October 29, 2009, in Room 203B of the Johnson County Health and Human Services Building at 9:00 a.m., and authorize the Auditor’s Office to publish the budget amendment hearing notice.
RESOLUTION 10-08-09-01
STATE OF IOWA, DESIGNATION OF APPLICANT'S AUTHORIZED REPRESENTATIVE
Be it resolved by Johnson County, Iowa (Subgrantee) that Executive Assistant Andy Johnson (Representative) is hereby authorized to execute on behalf of Johnson County, Iowa (Subgrantee), this mitigation project and to file it with Iowa Homeland Security and Emergency Management (HSEMD) for the purpose of obtaining financial assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (PL 93-288, as amended) and the Code of Iowa, Chapter 29c.
Motion by Stutsman, second by Sullivan, to approve Resolution 10-08-09-01.
Motion by Stutsman, second by Sullivan, to approve and authorize the Chairperson to sign an Application for Fireworks Permit for Chris Handley, Solon, for display at 4658 140th Street N.E., Solon, on October 31, 2009 or November 1, 2009.
Adjourned to Informal meeting at 6:41 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 October 15, 2009.