MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
JANUARY 13, 2011
Chairperson Harney 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, Terrence Neuzil, Janelle Rettig, Sally Stutsman, and Rod Sullivan.
Unless otherwise noted, all actions were taken unanimously.
Motion by Rettig, 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 January 6, 2011.
Motion by Neuzil, second by Sullivan, to approve the payroll authorizations submitted by department heads, as approved by a majority of the Supervisors.
Motion by Stutsman, second by Rettig, to place on file the Clerk’s Report of Fees Collected for the month of December, 2010, in the amount of $10,989.91, as submitted by Clerk of District Court Lodema Berkley.
Motion by Sullivan, second by Stutsman, to accept the Sheriff’s second Quarterly Report of Fees Collected for October 1 - December 31, 2010 as submitted by County Sheriff Lonnie Pulkrabek.
Motion by Neuzil, second by Sullivan, to accept the County Auditor’s Quarterly Report of Fees Collected for the quarter ending December 31, 2010, in the amount of $2,661.38, as submitted by County Auditor Tom Slockett.
Convened Public Hearing on Zoning Application at 5:34 p.m.
First and Second consideration of Rezoning Application 16525 of Robert B. Adams requesting the rezoning of 9.75 acres from A – Agricultural to CH – Highway Commercial of certain property described as being in the SW 1/4 of the SW 1/4 Section 19, Township 78 North, Range 8 West of the 5th p.m. in Johnson County, Iowa. This property is located at the northeast corner of the intersection of 540th Street SW and Johnson-Iowa Road in Washington Township.
Assistant Planning and Zoning Administrator R.J. Moore said if approved, the applicant must comply with the County's Site Plan Review requirements and Sensitive Areas Ordinance before permits could be issued.
Neuzil said he wanted to make sure the owner is aware that if the house is converted to a business, building regulations will apply. Moore said yes, remodeling will require compliance with the County's building codes and the applicant is here tonight and is aware of that. Stutsman asked what the rezoning plans include and how large the parcel is. Moore replied expansion of the creamery and the area is 9.75 acres.
Harney asked if timber would be destroyed with future property expansion. Moore said the Sensitive Areas Ordinance might protect that area to the extent mitigation might be required. Sullivan asked if both existing driveways will be used. Moore said County Engineer Greg Parker has agreed with him to address access issues after the Site Plan is completed.
Rettig asked if the house can remain on the property after rezoning. Moore said the structure can remain but not as a residence, it must be converted or removed. Rettig said she assumes the applicant is aware of the tax implications of this rezoning.
Motion by Stutsman, second by Sullivan, to waive the requirement of three considerations before amending an ordinance and to approve Rezoning Application 16525 on first and second consideration. Roll call: aye: Harney, Neuzil, Stutsman, Sullivan, Rettig.
Public Hearing closed at 5:43 p.m. Convened Public Hearing on Proposed amendment to the 2008 Johnson County Land Use Plan at 5:44 p.m.
Proposed amendment to the 2008 Johnson County Land Use Plan, by adopting the Morse Village Plan as an appendix. (Said Morse Village Plan may be viewed on the county’s webpage at www.johnson-county.com or you can obtain copies of the Morse Village Plan at the Johnson County Planning and Zoning Office or the Johnson County Auditor’s Office).
Moore presented the criteria for Village Area Plans, and summarized the strengths and weaknesses of the Morse community. Planning and Zoning Assistant Planner Josh Busard presented Morse community development goals and the Village Plan boundary maps. Busard said the Planning and Zoning Commission voted 2-1 to adopt boundary #2. Moore said in this type of planning effort, there is no requirement to notify property owners within a certain distance. In this case, they notified any public within a half mile in all directions from the center of the village. Harney asked where the half mile radius was measured from, the center of the anticipated boundaries or the present boundaries. Moore indicated the center point on the PowerPoint screen.
Stutsman asked what the size is of boundary #2. Busard said 646 acres, and that they would also consider contiguous development.
Sullivan said he does not like that boundary #3 does not take advantage of the intersection of Morse Road and Highway One; that is something to capitalize on and also why he would allow development in the first place. Sullivan asked how the Morse Village Plan compares in size to Cosgrove, Sutliff, and Frytown. Moore said it might be a little bigger than Cosgrove and Sutliff but smaller than Frytown.
Tom Wall, Jeremy Jackson, Linda Johnson, John Hatcher, Audrey Beuter, and Mary Ellen Wall spoke against the application.
Rettig said boundary #2 is too large and #3 is too small.
Sullivan said the County's intent is to notify everybody who lives in Morse and he apologized sincerely to anybody who was unaware of the meetings; almost 65 people attended both meetings. Boundary #3 makes no sense to him because it does not take advantage of the paved Morse Road and it includes sensitive areas and a flood plain.
Neuzil said he is uncomfortable making any vote tonight; residents need another meeting. Stutsman and Harney agreed.
Assistant County Attorney Andy Chappell said if the Board's intent is to just address the boundary lines but not to change the language, then the Board could continue this Public Hearing. If the Board would like to discuss the entire plan, they should probably take no action tonight and send the Village Plan back through Planning and Zoning.
Harney said the Land Use Plan protects Ag land as well as Sensitive Areas. He thinks they really need to seriously consider this map; he is satisfied with everything except the map boundaries.
Sullivan said he does not know how to guarantee that all interested parties receive notification and at some point the Board will be making a decision.
Rettig said the County is bound by the Land Use Plan to create a Village Plan.
The Board agreed that boundary #3 is off the table, boundary #2 is too big, and the remaining question is how to adjust boundary #1.
Motion by Stutsman, second by Sullivan, to defer action on the proposed amendment to the 2008 Johnson County Land Use Plan by adopting the Morse Village Plan as an appendix, and continue the Public Hearing to March 10, 2011, at 5:30 p.m., and refer the remapping request to Planning and Zoning.
RESOLUTION 01-13-11-Z1
Whereas, the Johnson County Planning and Zoning Commission, following a public hearing on January 10, 2011 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 February 10, 2011 at 5:30 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following rezoning application: Dennis Byrnes (14781) and the following subdivision applications: Bruce Keinholz (15805) and Russell Chabal (16556).
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 01-13-11-Z1.
RESOLUTION 01-13-11-01
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, 2011 and January 31, 2012 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 Neuzil, second by Stutsman, to approve Resolution 01-13-11-01.
Motion by Sullivan, second by Rettig, to accept the low bid of $366,283.54 from Peterson Contractors Inc. for Secondary Roads Project #STP-E-CO52(101)—8V-52 and authorize the Chairperson to sign a contract and bond.
Motion by Sullivan, second by Stutsman, to amended the purchase offer, pursuant to the Iowa Homeland Security and Emergency Management Division Hazard Mitigation Grant Voluntary Property Acquisition Program, for 3010 River Front Estates NE for $207,850.81.
Adjourned to Informal Meeting at 7:13 p.m.
/s/Pat Harney, Chair, Board of Supervisors
Attest: Tom Slockett, Auditor
By Nancy Tomkovicz, Recording Secretary
These minutes were sent for publication and formal approval on January 20, 2011.