MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
NOVEMBER 12, 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, Janelle Rettig, 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 Rettig, to approve the minutes of the formal meetings of November 5, 2009, and November 9, 2009, and November 9, 2009 canvass of votes for the November 3, 2009 City Election.
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 Harney, to place on file the Clerk’s Report of Fees Collected for the month of October, 2009, in the amount of $12,277.74, as submitted by Clerk of District Court Lodema Berkley.
Convened Public Hearing on Zoning and Platting Applications at 5:32 p.m.
Application 16004 of Dean Oakes requesting rezoning of 2.62 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 3, Township 80 North, Range 6 West of the 5th P.M. in Johnson County, Iowa. This property is located on the south side of Sugar Bottom Road NE, approximately 1700 feet west of its intersection with Poplar Avenue NE in Newport Township.
Planning and Zoning Intern Will Soper said staff recommends a shared driveway for future subdivisions. Harney asked if the driveway is aligned directly across from Sugar Hill Lane. Soper said yes. Stutsman asked how the problem with the neighbor concerning access to contiguous parcels was resolved. Soper said there is an existing access to the southern neighbor so there should be access for that property. MMS Consultants Representative Glen Meisner, speaking for the application, said the driveway is close to being across from the existing one, and they will work with the County Engineer when they are ready for the final platting.
Motion by Stutsman, second by Sullivan, to waive the requirement of three considerations before amending an ordinance and to approve Application 16004 on first and second consideration. Roll call: Aye: Harney, Stutsman, Neuzil, Sullivan, Rettig.
Application 16005 of Joe Schmidt requesting rezoning of 3.05 acres from A Agricultural to R3 Residential of certain property described as Auditor’s Parcel 2009067 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 property is located on the east side of Sutliff Road NE approximately 1350 feet south of its intersection with 140th Street NE in Cedar Township.
MMS Consultants Representative Glen Meisner, speaking for the application, said if the conditional rezoning is granted, the applicant agrees to no more farmstead splits in the future, therefore there would be only one residence on the entire 77 acres. Harney asked if the property the house is on is 70 acres or 40 acres. Meisner said it is about 70 acres.
Neuzil asked what options the resident has if the Board of Supervisors does not approve the application. Meisner replied the applicant can purchase the whole farm or lease the property. Neuzil asked if this could be a farmstead split. Meisner said it could have been, but unfortunately it does not meet the yard requirement. Neuzil asked if all 70 acres are eligible for a farmstead split, why couldn't that be the farmstead split. Meisner said because it doesn't meet the sight yard requirements for a farmstead split.
Stutsman asked if the Schmidts own any of the land. Meisner said no. Stutsman asked if the adjacent land owner, the one they tried to buy land from, is the owner of the entire 70 acre parcel. Meisner said no, that land owner lives to the north. Stutsman asked how much land would need to be purchased in order to meet the setback requirement. Meisner said four feet.
Harney asked, if the Board were to approve the conditional rezoning application, does the land owner forfeit any future farmstead split in exchange for the zoning. Meisner said yes. Stutsman asked if the land owner has agreed to that. Meisner said Nancy Schmidt owns some of the area, so they would not do a farmstead split on any of this land in the future. Neuzil said if there are no additional homes there will be no future setback issues.
Sullivan asked why this happened in the first place. Joe Schmidt, speaking for the application, said this was an honest mistake between the builder and excavator. Sullivan asked if Schmidt had secured all the permits and if he had any plans to have this inspected. Schmidt said since they were building on 40 acres plus, they were able to do so without the permits and then afterwards, they were going to file for a one-time farmstead split. Sullivan said this is putting the cart before the horse, the County has a permitting and inspections process to avoid such problems. Sullivan said he does not know what Schmidt knew or didn't know, but his fear is that others might decide to go forward with their plans, avoid the permitting process, and then expect the Board of Supervisors to fix the problem after the fact. Sullivan said he thinks the permitting process should apply to buildings on a farm also. He is concerned about setting a precedent. He said he trusts Schmidt that this was an honest mistake, but at the same time Sullivan is concerned about setting a precedent.
Harney asked if it was normal practice to have a survey. Assistant Planning and Zoning Administrator R.J. Moore said usually the survey isn't conducted until the subdivisions are approved and the engineers set the pins for the lots. They had what they considered a shared boundary via a fence line and were probably measuring off of there. Harney said without the survey they can't know if the fence was properly located.
Ron Rushek spoke against the application. Harney asked if the fence that was being removed was his or Schmidt's. Rushek said half of it was theirs and half was his. The problem was that the old fence caught all the black top soil for years and when they ripped out the fence a lot of the black dirt was lost. Rushek said he told Schmidt that he would like to be compensated for the lost dirt. Harney asked Rushek if the top soil he lost affected crop ground. Rushek said he is unable to answer that because the land was sloped down but he said he lost a lot of dirt.
Meisner said since the house has been built and the dirt moved, Schmidt put a new fence in exactly on the property line. Meisner said the property was not surveyed before and when his builder set the house there were no stakes.
Neuzil asked Moore whether the resident can still live on the property if the Board denies the application. Moore said yes, but they just can't cut it off via the farmstead split because they exhausted all remedies available to them. They can do a farmstead split somewhere on the farm.
Sullivan said he respectfully disagrees with Mr. Rushek citing the CSR of 67 and a LESA score of 217 which indicates this is not a good place for a house, this is a good place for crops. He said this place is not an area where the Board wants to encourage development, Planning and Zoning voted to deny this 5-0, and the staff report is not favorable.
Harney said he thinks this would fit the criteria for a farmstead split had they been in the proper location. His concerns focus on poor communication between neighbors. He said he could have supported the farmstead split had they acted neighborly. Harney said furthermore, Planning and Zoning did vote to deny this, it is a real difficult decision to make, and there will be no winners in this situation.
Neuzil said he is entertained by the conditional use offer. In the end, whether someone likes development out there or not, they are allowed one farmstead split on this property and the question is the location of that split. He agreed that this is an area where the Board wants to limit growth and development. Neuzil asked Moore if the County has done such a thing before. Moore said no, not in regards to a farmstead split.
Harney said that the Board can not make a deal with Mr. Rushek where they will allow him to do a subdivision just because the Schmidt's did one. There are proper channels to go through for that. He said he would like to see an agreement worked out with Rushek or some type of settlement.
Rettig asked Rushek if there was an offer to buy land and then sell it back to him after it had been a farmstead split. Rushek said yes. Rettig said she is going to vote to deny this application because she is not sure the Board should be making exceptions to the Land Use Plan on a regular basis. She urged the neighbors to get together and figure out a way to be neighborly. Rushek replied he had made it clear from the beginning that they were not interested in selling ground.
Motion by Sullivan, second by Stutsman, to deny Application 16005. Roll call: Aye: Stutsman, Neuzil, Sullivan, Rettig; nay: Harney.
Subdivision Application 15340 of Michael Plotz requesting final plat approval of Willow Lake, a Resubdivision of Horseshoe Acres, a subdivision described as being located in the SW 1/4 of the SW 1/4 of Section 16 and SE 1/4 of the SE 1/4 of Section 17, all in Township 81 North, Range 7 West of the 5th P.M. in Johnson County, Iowa. This is an 8-lot, 2-outlot, 23.53 acre, residential subdivision located on the west side of Highway 965 approximately 700 feet north of its intersection with Royal Oaks Drive NW in Madison Township.
Stutsman asked if the property is in escrow. Assistant Planner Josh Busard said they have the receipt from the builder that it is paid in full. Sullivan said there are several unsafe spots where driveways hop the tracks and, pointing to a driveway access on the map, he asked if that particular one will be eliminated. Busard said yes.
MMS Consultants Representative Glen Meisner was present to answer questions.
RESOLUTION 11-12-09-Z1
RESOLUTION APPROVING THE FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF WILLOW LAKE, A RESUBDIVISION OF HORSESHOE ACRES JOHNSON COUNTY, IOWA
Whereas the owner has filed application 15340 for approval of the final plat of Willow Lake, a Resubdivision of Horseshoe Acres, 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: City of Swisher Resolution 2009-13; Owner’s Certificate; Opinion of Attorney; Certificate of County Auditor; Certificate of Treasurer; Subdivider’s Agreement; Fence Agreement; Consent of Mortgagee; Covenant Concerning Wells; Underground Utility Easement; Conservation Easement Agreement; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5).
Motion by Harney, second by Sullivan, to approve Resolution 11-12-09-Z1.
Subdivision Application 15967 of Craig Stark requesting final plat approval of MacBride Estates Phase One. A subdivision described as being located in the S 1/2 of the SE 1/4 of Section 16, Township 81 North, Range 6 West of the 5th P.M. in Johnson County, Iowa. This is a 15 lot, 1 outlot, 26.51 acre residential subdivision located on the south side of Highway 382 NE approximately 600 feet west of its intersection with Ely Road NE in Big Grove Township.
Rettig asked for more information on the required storm water runoff provisions. Craig Stark said there are two ponds engineered to control storm water better than it's ever been controlled before. Rettig asked how a drop of rain will get to the ponds. Stark said the hill is about 15 to 20 feet lower than when they started so there is less gravity to deal with. Some of the runoff will go into the ditch, but the rest of the subdivision drains into the ponds. Busard said the post-development runoff coefficient is much less than pre-development, so water will be held on this property longer than it was in the past.
Sullivan complimented Mr. Stark on his work and asked him to work with Secondary Roads to get a permit to mow the native grass which is about four and half feet tall.
RESOLUTION 11-12-09-Z2
RESOLUTION APPROVING THE FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF MACBRIDE ESTATES PHASE ONE, JOHNSON COUNTY, IOWA
Whereas the owner has filed application 15967 for approval of the final plat of MacBride Estates Phase One, 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 County Auditor; Owner’s Certificate; Opinion of Attorney; Certificate of County Treasurer; Subdivider’s Agreement; Fence Agreement; Mortgagee’s Consent to Platting; Protective Covenants & Restrictions; Resolution Affirming the Stability of the Current Road System; Exhibit A; Shared Sanitary Easement Lots 2&3; Shared Sanitary Easement Lots 4&5; Shared Sanitary Easement Lots 8&9; Shared Sanitary Easement Lots 11&12; Shared Sanitary Easement Lots 13&14; B. Subdivision Plat (5)
Motion by Stutsman, second by Sullivan, to approve Resolution 11-12-09-Z2.
Subdivision Application 15969 of Cole Family Farms signed by Patricia Landuyt requesting preliminary and final plat approval of Cole Hideaway Subdivision. A subdivision described as being located in the NW 1/4 of the SE 1/4 of Section 21, Township 81 North, Range 5 West of the 5th P.M. in Johnson County, Iowa. This is a 1 lot, 2.83 acre, farmstead split located on Utah Avenue NE approximately 2000 feet north of its intersection with 180th Street NE in Cedar Township.
Harney said it is awkward to put 2.3 acres on both sides of the road since crossing back and forth could be a hazard. Sullivan agreed.
MMS Consultants Representative Glen Meisner was present to answer questions.
RESOLUTION 11-12-09-Z3
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF COLE HIDEAWAY SUBDIVISION JOHNSON COUNTY, IOWA
Whereas the owner has filed application 15969 for approval of a preliminary and final plat of Cole Hideaway 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 County Treasurer; Owner’s Acknowledgement of Consent; Attorney’s Title Opinion; Certificate of County Auditor; Subdivider’s Agreement; Fence Agreement; Right of Way Covenant (2); Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5).
Motion by Rettig, second by Harney, to approve Resolution 11-12-09-Z3.
Subdivision Application 15971 of Robert Burns and Mary Rita Seckington Burns requesting preliminary and final plat approval of Snug Harbor Subdivision, a resubdivision of Lots 53, 54, 55, 56 and 57 of Cottage Reserve in Lake MacBride Park. A subdivision described as being located in the SE 1/4 of Section 29, Township 81 North, Range 6 West of the 5th P.M. in Johnson County, Iowa. This is a 2 lot, 1.31 acre residential subdivision located on the south side of Cottage Reserve Road NE approximately 300 feet south of James Road NE in Big Grove Township.
MMS Consultants Representative Glen Meisner was present to answer questions.
Stutsman asked if the property lines go clear out into the water. Meisner said yes.
Harney asked if the subdivision belongs to a homeowner's association and if there are regulations to follow. Planning and Zoning Administrator Rick Dvorak said yes.
Bob Burns, speaking for the application, said there is a very active homeowners association with a central sewage treatment facility regularly inspected by the DNR. There are no individual wells and no septic tanks.
Rettig asked if the neighbors on both sides have agreed to this. Burns said they have relied on MMS to survey the property lines and there are no disputes.
RESOLUTION 11-12-09-Z4
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF SNUG HARBOR SUBDIVISION JOHNSON COUNTY, IOWA
Whereas the owner has filed application 15971 for approval of a preliminary and final plat of Snug Harbor 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: County-Subdivider Agreement; Certificate of County Auditor; Consent of Mortgagee to Subdivision; Dedication and Statement of Consent; Title Opinion; Certificate of County Treasurer; Exhibit A; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5).
Motion by Stutsman, second by Sullivan, to approve Resolution 11-12-09-Z4.
Subdivision Application 16008 of Loren Southwick requesting preliminary and final plat approval of Picnic Point Subdivision Part IV, a resubdivision of Lot 1 of Picnic Point Subdivision, a subdivision described as being located in the South 1/2 of Section 27, Township 79 North, Range 6 West of the 5th P.M. in Johnson County, Iowa. This is a 3 lot, 25.81 acre, subdivision located on the north side of Camino Del Rio Road SE, approximately 1/4 of a mile from its intersection with Izaak Walton Road SE in East Lucas Township.
Harney asked if it is correct that after the flood, the County could not do any buyouts because the property is all owned by one individual with long term leases and the area was not subdivided into lots. Dvorak said yes.
Sullivan said it was his understanding that this whole property could have been purchased as a single piece if Mr. Southwick had agreed to break the leases. Dvorak agreed. Sullivan asked if there is a way for him to break the leases and Dvorak said he does not know. Sullivan said there was another option, just not the option Mr. Southwick chose. Dvorak said yes subdividing could have been done but Mr. Southwick was not interested. Stutsman said those things would have required considerable investment on Mr. Southwick’s part and it is not the Board's responsibility to make this right for him.
Neuzil asked what would happen if the Board denies the application. Dvorak said the applicant would have to start all over. Stutsman said there are ordinances residents must follow so there really isn't much choice in this situation.
Motion by Sullivan, second by Rettig, to deny Subdivision Application 16008.
Public Hearing closed at 6:43 p.m.
RESOLUTION 11-12-09-Z5
Whereas the Johnson County Planning and Zoning Commission, following a public hearing, on November 9, 2009 and, filed its report and recommendations for certain actions;
Now, Therefore, be it Resolved as follows:
A public hearing in accordance with Section 335.6 of the Iowa Code is set for the 10th day of December, 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 zoning application: Serbousek (16057).
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 11-12-09-Z5.
Motion by Sullivan, second by Stutsman, to approve and authorize the Chairperson to sign the FY10 provider contract and service rates for St. Luke’s Hospital, Cedar Rapids.
Motion by Harney, second by Stutsman, to approve the Buy Local Policy.
Motion by Stutsman, second by Sullivan, to approve and authorize the Chairperson, as Chief Executive Officer, and Andy Johnson, as Authorized Representative, to sign a grant application for funding of $552,234 through the Iowa Homeland Security and Emergency Management Hazard Mitigation Grant Program to support the construction of a Safe Room in the Johnson County Extension Building.
LOCAL MATCH RESOLUTION FOR THE HAZARD MITIGATION GRANT PROGRAM
Whereas, the Board of Supervisors (hereinafter called "the Subgrantee"), County of Johnson, has made application through the Iowa Homeland Security and Emergency Management Division (HSEMD) to the Federal Emergency Management Agency (FEMA) for funding from the Hazard Mitigation Grant Program, in the amount of $649,689.00 for the total project cost, and
Whereas, the Subgrantee recognizes the fact that this grant is based on a cost share basis with the federal share not exceeding 75%, the state share not exceeding 10% and the local share being a minimum of 15% of the total project cost. The minimum 15% local share can be either cash or in-kind match.
Therefore, the Subgrantee agrees to provide and make available up to $97,455.00 (Ninety Seven Thousand Four Hundred Fifty-five dollars) of local monies to be used to meet the minimum 15% match requirement for this mitigation grant application.
Motion by Harney, second by Sullivan, to approve Resolution 11-12-09-01.
Motion by Sullivan, second by Stutsman, to appoint Dave Parsons to the Board of Adjustment effective January 1, 2009.
Motion by Harney, second by Sullivan, to approve the family farm tax credit applications for 2009 as recommended by County Assessor Bill Greazel.
Motion by Sullivan, second by Stutsman, to appoint Janelle Rettig to the Criminal Justice Coordinating Committee and the following boards and commissions: Iowa City Area Chamber of Commerce Coralville Round Table, Johnson County/Iowa City Airport Zoning Commission (alternate), Juvenile Justice Youth Development Program, MECCA Board of Directors, SEATS Advisory Committee, Livable Community for Successful Aging Policy Board (alternate), Safety Committee, Housing Task Force, Technology Plan – GIS, Liaison to Tiffin and West Branch, Liaison for Tiffin Fringe Area, Chatham Oaks (alternate), City Assessor Conference Board, Mental Health/Disability Services Planning Council, and Johnson County Trails Advisory Committee.
Adjourned to Informal meeting at 6:58 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 November 17, 2009.