MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
JANUARY 14, 2010
Chairperson Stutsman 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 Rettig, second by Sullivan, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors.
Motion by Neuzil, second by Sullivan, to approve the minutes of the Formal Meeting of January 7, 2010.
Motion by Harney, second by Rettig, to approve the payroll authorizations submitted by department heads, as approved by a majority of the Supervisors.
Motion by Rettig, second by Harney, to place on file the Clerk’s Report of Fees Collected for the month of December, 2009, in the amount of $10,547.59 as submitted by Clerk of District Court Lodema Berkley.
Convened Public Hearing on Zoning and Platting applications at 5:32 p.m.
Rezoning Application 15912 of BP Products North America, Inc. signed by Brad Krabel requesting rezoning of 5.27 acres from R-Residential to MH-Heavy Industrial of certain property described as being in the W 1/2 of the NW 1/4 of Section 35, Township 81 North, Range 7 West of the 5th P.M. in Johnson County, Iowa. This property is located on the east side of Highway 965 NE approximately 3200 feet north of its intersection with Swan Lake Road NE in Madison Township.
Sullivan asked if the applicant would not be subject to screening requirements per site planning requirements, and instead be grandfathered in. Assistant Planning and Zoning Administrator R.J. Moore said correct, unless the applicant applies for another building permit.
Harney asked what else would be allowed in the MH zoning district. Moore said junk yards and things like that. It is a very limited zoning district and a set of standards must be followed.
Motion by Sullivan, second by Rettig, to waive the requirement of three considerations before amending an ordinance and to approve Application 15912 on first and second consideration. Roll call: aye: Harney, Neuzil, Stutsman, Sullivan, Rettig.
Subdivision Application 15972 of The Estate of William C. Harney signed by Timothy Grady requesting preliminary and final plat approval of Harney Estate Subdivision. A subdivision described as being located in the NE 1/4 of the NW 1/4 of Section 5, Township 79 North, Range 8 West of the 5th P.M. in Johnson County, Iowa. This is a 1 lot, 3.21 acre farmstead split located on the south side of 340th Street SW approximately 1000 feet west of its intersection with Black Hawk Avenue SW in Hardin Township.
MMS Consultants Representative Mark Stein was present to answer questions.
RESOLUTION 01-14-10-Z1
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF HARNEY ESTATE SUBDIVISION, JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application 15972 for approval of a preliminary and final plat of Harney Estate 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; Opinion of Attorney; Owners Certificate and Consent; Covenant Concerning Fences; Certificate of County Auditor; County-Subdivider Agreement; Establishment of Easement; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5).
Motion by Neuzil, second by Sullivan, to approve Resolution 01-14-10-Z1.
Subdivision Application 16103 of Iowa Mennonite School requesting preliminary and final plat approval of Iowa Mennonite School First Subdivision, a subdivision described as being located in the NE 1/4 of the SW 1/4 of Section 17, Township 78 North, Range 8 West of the 5th P.M. in Johnson County, Iowa. This is a 1 Lot, 1.78 acre farmstead split located on the east side of Black Hawk Avenue SW approximately 2900 feet south of its intersection with 500th Street SW in Washington Township.
Hart-Frederick Consultants Representative Scott Ritter was present to answer questions. Sullivan asked if the name of the subdivision has the potential to cause confusion. Planning and Zoning Assistant Planner Josh Busard said it should not cause confusion.
RESOLUTION 01-14-10-Z2
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF IOWA MENNONITE SCHOOL FIRST SUBDIVISION, JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application 16103 for approval of a preliminary and final plat of Iowa Mennonite School 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: Owners Certification; Opinion of Attorney; Certificate of County Auditor; Certificate of the Treasurer; Subdivider’s Agreement; Fence Agreement; Exhibit A; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5).
Motion by Harney, second by Rettig, to approve Resolution 01-14-10-Z2.
Subdivision Application 16106 of Nathan Flatgard requesting preliminary and final plat approval of Bergen Woods Subdivision, a farmstead split and re-subdivision of the NE 1/4 of the SW 1/4 and the SE 1/4 of the SW 1/4 of Section 12, Township 81 North, Range 7 West of the 5th P.M. in Johnson County, Iowa. This is a 3 Lot subdivision of 17.13 acres containing 1 farmstead split lot, 1 residential lot and 1 outlot located on Hickory Hollow Road NE approximately 4100 feet south of its intersection with 120th Street NE in Jefferson Township.
MMS Consultants Representative Mark Stein was present to answer questions.
RESOLUTION 01-14-10-Z3
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF BERGEN WOODS SUBDIVISION, A FARMSTEAD SPLIT AND RESUBDIVISION OF THE NE 1/4, SE 1/4, SW 1/4, OF SEC. 12-T81N-R7W OF THE 5TH P.M., JOHNSON COUNTY, IOWA
Whereas, the owner has filed application 16106 for approval of a preliminary and final plat of Bergen Woods Subdivision, a farmstead split and resubdivision of the NE 1/4 SE 1/4 SW 1/4 of Sec. 12-T81N-R7W of the 5th P.M., 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; Easement for Public Highway; City Council Approval; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5); C. Acquisition Plat (5).
Motion by Rettig, second by Sullivan, to approve Resolution 01-14-10-Z3.
Public Hearing closed at 5:45 p.m.
RESOLUTION 01-14-10-Z4
Whereas the Johnson County Planning and Zoning Commission, following a public hearing on January 11, 2010, 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 February 11, 2010 at 6:30 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following subdivision application: Martin and Mary Gaffey (16105).
That the Johnson County Auditor be authorized to publish the official notice of above public hearing.
Motion by Rettig, second by Neuzil, to approve Resolution 01-14-10-Z4.
Motion by Harney, second by Rettig, to approve and authorize the Chairperson to approve the 28E Agreement with Cedar County for Project # L-200904—73-16, involving replacement of the existing bridge with a Reinforced Concrete Box Culvert on the Cedar/Johnson County Line Road located in Section 25, Township 79 North, Range 5 West.
Motion by Neuzil, second by Rettig, to approve the following appointments to various boards and commissions for the Johnson County Board of Supervisors for Calendar Year 2010:
Chatham Oaks: Rettig; Alternates: All Supervisors
City Assessor Conference Board: All Supervisors
Iowa City Assessor Re-evaluation Subcommittee: Neuzil
County Assessor Conference Board: All Supervisors
Joint Emergency Communications Center Policy Board: Harney
County Assessor Conference Board: All Supervisors
Decategorization: Rettig and Sullivan
Department of Human Services Service Area Advisory Board: Sullivan and Social Services Coordinator Amy Correia
E911: Neuzil
ECICOG Board of Directors: Stutsman; Alternates: All Supervisors
ECICOG ISTEA Policy Committee: Stutsman; Alternates: All Supervisors
ECICOG ISTEA Technical Advisory Committee: Stutsman, County Engineer Greg Parker, Assistant County Engineer Al Miller; Alternate: Harney
FEMA Board: Neuzil
HACAP Board: Correia
Housing Task Force: Rettig
Iowa City Area Chamber of Commerce Agricultural and Biosciences Committee: Sullivan and Stutsman
Iowa City Area Chamber of Commerce Board of Directors: Harney
Iowa City Area Chamber Coralville Round Table: Neuzil and Stutsman; Alternates: All Supervisors
Iowa City Area Chamber of Commence-North Liberty Committee: Sullivan and Rettig; Alternates: All Supervisors
Iowa City Area Chamber Commerce-Iowa City Committee: Harney and Rettig; Alternates: All Supervisors
Iowa City Area Chamber of Commence Federal Issues Washington D.C. Trip: Neuzil and Harney
Iowa City Area Chamber of Commerce Local Government Affairs Committee: Sullivan and Harney
Iowa City Area Development (ICAD): Harney; Alternate: Sullivan
Iowa City/Coralville Area Convention and Visitors Bureau (CVB): Sullivan
Iowa Valley Resource Conservation and Development Board of Directors: Stutsman
Johnson County Area Empowerment Board: Neuzil
JCCOG Affordable Housing Task Force: Executive Assistant Andy Johnson
JCCOG Regional Trails and Bicycling Committee: Neuzil
JCCOG Rural Policy Board and Urban Policy Board: Rettig and Harney
Johnson County Emergency Management and LEPC: Neuzil; Alternates: All Supervisors
Johnson County/Iowa City Airport Zoning Commission: Stutsman; Alternates: All Supervisors
Johnson/Linn County Public Leadership Group: All Supervisors and Johnson
Johnson County Multidisciplinary-Pandemic Influenza Steering Committee: Stutsman and Johnson
JTPA/Workforce Development CEO Board Member: County Recorder Kim Painter
Juvenile Justice Youth Development Program: Stutsman and Rettig
MECCA: Stutsman
SEATS Advisory Committee: Rettig and Sullivan
Sixth Judicial District Department of Correctional Services Board of Directors: Harney
Successful Aging: Sullivan; Alternates: All Supervisors
Mental Health/Disability Services Planning Council: All Supervisors
Task Force on Aging: Stutsman; Alternates: All Supervisors
Courthouse Security Committee: Stutsman
Criminal Justice Coordinating Committee: Stutsman is Chair of Committee and all Supervisors
Subcommittees under Justice Center Coordinating Committee:
Alternatives Subcommittee: Stutsman
Facilities Subcommittee: Harney and Sullivan
Public Information/Outreach Subcommittee: Neuzil
Funding/Grants Subcommittee: Rettig
In-House Committees:
Communications: Harney, Stutsman, Johnson
Economic Development Committee: Stutsman and Harney
Facilities Planning-Green Initiatives and Space Needs: Neuzil, Harney, Johnson, Facilities Manager David Kempf, and Assistant Planner Josh Busard
Parking Committee: Sullivan and Stutsman
Finance Committee: Stutsman, Sullivan
Safety Committee: Rettig and Johnson
Technology Plan - GIS: Neuzil and Rettig
Johnson County Trails Advisory Committee: Neuzil and Rettig as ex-officio
Staff Liaisons - (includes monitoring, evaluation, and labor management meetings):
Ambulance: Neuzil and Rettig
Board of Supervisors Executive Assistant: Stutsman and Sullivan
Facilities Manager: Stutsman and Harney
Human Resources: Harney and Rettig
Information Services: Harney and Neuzil
Medical Examiner Administrator: Neuzil and Sullivan
Mental Health/Disability Services: Rettig and Neuzil
Planning and Zoning: Sullivan and Stutsman
SEATS: Harney and Sullivan
Secondary Roads: Stutsman and Sullivan
Social Services: Stutsman and Rettig
Small Cities Liaisons:
Lone Tree: Harney
Hills: Sullivan
Oxford and Riverside: Stutsman
Solon: Rettig
Shueyville: Neuzil
Tiffin: Sullivan
West Branch: Harney
University Heights: Neuzil
Swisher: Rettig
Fringe Area Liaisons:
Cedar Rapids Fringe Area: Neuzil
Coralville Fringe Area: Harney and Stutsman
Hills Fringe Area: Sullivan
Iowa City Fringe Area: Neuzil and Harney
Lone Tree Fringe Area: Harney
North Liberty Fringe Area: Neuzil
Oxford Fringe Area: Stutsman
Shueyville Fringe Area: Neuzil
Solon Fringe Area: Rettig
Tiffin Fringe Area: Sullivan
Swisher Fringe Area: Rettig
RESOLUTION 01-14-10-01
CONSTRUCTION EVALUATION RESOLUTION
Whereas, Iowa Code section 459.304(3) sets out the procedure if a board of supervisors wishes to adopt a “construction evaluation resolution” relating to the construction of a confinement feeding operation structure; and
Whereas, only counties that have adopted a construction evaluation resolution can submit to the Department of Natural Resources (DNR) an adopted recommendation to approve or disapprove a construction permit application regarding a proposed confinement feeding operation structure; and
Whereas, only counties that have adopted a construction evaluation resolution and submitted an adopted recommendation may contest the DNR’s decision regarding a specific application; and
Whereas, by adopting a construction evaluation resolution the Board of Supervisors agrees to evaluate every construction permit application for a proposed confinement feeding operation structure received by the board of supervisors between February 1, 2010 and January 31, 2011 and submit an adopted recommendation regarding that application to the DNR; and
Whereas, the Board of Supervisors must conduct an evaluation of every construction permit application using the master matrix created in Iowa Code section 459.305, but the Board’s recommendation to the DNR may be based on the final score on the master matrix or may be based on reasons other than the final score on the master matrix;
Now, Therefore, Be It Resolved by the Board of Supervisors of Johnson County that the Board of Supervisors hereby adopts this construction evaluation resolution pursuant to Iowa Code section 459.304(3).
Motion by Sullivan, second by Harney, to approve Resolution 01-14-10-01.
Adjourned to Informal Meeting at 5:58 p.m.
/s/Sally Stutsman, Chair, Board of Supervisors
Attest: Tom Slockett, Auditor
By Erin Heninger, Recording Secretary
These minutes were sent for publication and formal approval on January 22, 2010.