MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
JULY 13, 2000
Chairperson Stutsman called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:00 a.m. Members present were: Charles Duffy, Jonathan Jordahl, Mike Lehman, Sally Stutsman, and Carol Thompson.
Unless otherwise noted, all actions were taken unanimously.
Motion by Duffy, second by Thompson, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors.
Motion by Lehman, second by Thompson, to approve the minutes of the formal meeting of July 6, 2000.
Motion by Duffy, second by Jordahl, to approve the payroll authorizations submitted by department heads, as approved by a majority of the Supervisors.
Motion by Duffy, second by Thompson, to approve and authorize the Chairperson to sign: a New Application for Class B Beer Permit, Application For Outdoor Service Area, and Application For Sunday Sales Privilege for St. Peters Church, Oxford, as submitted by John Ruth.
Convened Public Hearing on Zoning, Platting and Amendment to the Zoning Ordinance Applications at 9:06 a.m.
Duffy left at 9:06 a.m.
Application Z00024 of Chris L. Mottinger, Swisher, Iowa, requesting rezoning of 16.4 acres from A1 Rural to RS Suburban Residential of certain property described as being in the SE 1/4 of the SW 1/4 of Section 7; Township 80 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located on the west side of Highway #1 NE, approximately 1/4 of a mile north of its intersection with Newport Road NE in Newport Twp.).
Joanne Nelson spoke against the application. Chris L. Mottinger and Glen Meisner of MMS Consultants, Inc. spoke for the application.
There was considerable discussion by the Board of Supervisors about in-fill development in the North Corridor and the Road Management Plan. Thompson said there are a lot of available lots in the North Corridor and doesn’t see the point to rezone this property adjacent to active farm operations. Jordahl said this application conflicts with adjacent farmland, and the Board has denied similar applications in the past. Stutsman said she supports this application because this land shouldn’t be farmed, is on a State highway, and is on the edge of the North Corridor, making it the most appropriate use of the land. Jordahl said the road has 6,800 cars a day on it and adding a number of driveway access points creates a safety problem.
Motion by Jordahl, second by Thompson, to deny Application Z00024. Roll Call: aye: Jordahl, Thompson; nay: Lehman, Stutsman; absent: Duffy.
Motion by Lehman, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z00024 on first and second consideration. Roll call: aye: Lehman, Stutsman; nay: Jordahl, Thompson; absent: Duffy.
Duffy returned at 9:45 a.m.
Application Z00025 of Bernard & Phyllis Marak and Darrell & Carolyn Marak, Swisher, Iowa, requesting rezoning of 11.08 acres from A1 Rural to CP2 Planned Commercial of certain property described as being in the NE 1/4 of the SE 1/4 and the SE 1/4 of the NE 1/4 of Section 8; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located on the west side of Highway # 965 NW, approximately one half of a mile north of its intersection with 140th Street NW in Jefferson Twp.).
Glen Meisner of MMS Consultants, Inc. spoke for the application.
Jordahl said this application is consistent with the Swisher Fringe Area Agreement.
Motion by Duffy, second by Lehman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z00025 on first and second consideration. Roll call: aye: Lehman, Jordahl, Stutsman, Thompson, Duffy.
Application Z00026 of Doug Ockenfels, Swisher, Iowa requesting rezoning of 1.3 acres from A1 Rural to RS Suburban Residential of certain property described as being Lot 1 of Millard Second Subdivision located in the NW 1/4 of the NW 1/4 of Section 16; 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 NW, in the southeast quadrant of Highway #965 and 140th Street NW intersection in Jefferson Twp.).
Glen Meisner of MMS Consultants, Inc. spoke for the application.
Motion by Lehman, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z00026 on first and second consideration. Roll call: aye: Lehman, Stutsman, Thompson, Duffy; Jordahl: abstain.
Application S00019 of Jeff Maxwell, Iowa City, Iowa, requesting final plat approval of Woodland Ridge Subdivision III (A Resubdivision of Outlot D of Woodland Ridge), a subdivision described as being located in the SW 1/4 of Section 28; Township 79 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 8-lot (7 residential with one outlot), 22.32 acre, residential subdivision, located on the east end of Meadowview Lane SW - a private road which accesses onto Dane Road SW approximately one fourth of a mile north of its intersection with Osage Street SW in East Lucas Twp.).
Glen Meisner of MMS Consultants, Inc. was present to answer questions.
RESOLUTION 07-13-00-Z1
APPROVING THE FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF WOODLAND RIDGE PART THREE JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application S00019 for approval of a final plat of Woodland Ridge Part Three, 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: Approval of Iowa City; Owner Certificate; Title Opinion; Certificate of the Treasurer; Temporary Easement; Subdivider’s Agreement; Soil Erosion & Sediment Control Plan; Resolution Affirming the Stability of the Current Road System
Motion by Duffy, second by Lehman, to approve Resolution 07-13-00-Z1.
Application S00020 of Dorothy Sirowy, Fairfax, Iowa, requesting preliminary and final plat approval of Sirowy Subdivision, a subdivision described as being located in the SE 1/4 of the SE 1/4 of Section 4; Township 81 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 2.10 acre, farmstead split, located on the north side of 120th Street NW, approximately one half mile east of its intersection with Calkins Avenue NW in Monroe Twp.).
Glen Meisner of MMS Consultants, Inc. spoke for the application.
RESOLUTION 07-13-00-Z2
APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF SIROWY SUBDIVISION, JOHNSON COUNTY, IOWA
Whereas, the owner has filed application S00020 for approval of a preliminary and final plat of Sirowy 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: Owner Certificate; Title Opinion; Certificate of the Treasurer; Acquisition Plat; Acquisition Easement; Subdivider’s Agreement; Fence Agreement; Resolution Affirming the Stability of the Current Road System
Motion by Jordahl, second by Duffy, to approve Resolution 07-13-00-Z2.
An amendment to the Johnson County Zoning Ordinance, Chapter 8:16B CP1 and CP2 Planned Commercial District to add the following uses to the CP2 – Permitted Uses; Clubs and lodges, Computer supply stores, Consignment stores, Building supply stores, Meeting halls, Office Uses, Religious institutions, Retail establishments provided that not more than 50% of the total ground floor area shall be devoted to retail display, Telephone installation and service equipment, Office and home cleaning companies, Sign installer, Geo-technical Engineering Companies and field equipment service garages, Furniture and carpeting stores, Ambulance/ Emergency Response Facility, Auto and truck part sales. Special Provisions. 2. A community wastewater system and/or municipal water system may be mandatory at the discretion of the Johnson County Department of Public Health.
County Attorney J. Patrick White said the Board can adopt site review as broadly as they wish. He also suggested more planning for Manufacturing zoning. Assistant Planning and Zoning Administrator R.J. Moore agreed. Jordahl spoke regarding the amendment.
Motion by Thompson, second by Lehman, to approve the amendment to the Johnson County Zoning Ordinance, Chapter 8:16B CP1 and CP2 Planned Commercial District on first and second consideration. Roll call: aye: Lehman, Jordahl, Stutsman, Thompson, Duffy.
Public Hearing closed at 10:25 a.m.
RESOLUTION 07-13-00-Z3
SETTING PUBLIC HEARING ON VARIOUS ZONING AND PLATTING APPLICATIONS
Whereas the Johnson County Planning and Zoning Commission, following a public hearing, on July 10, 2000, 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 the 10th day of August, 2000 at 6:00 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following: Z00028 (Stebral), Z00029 (Stebral), S00023 (NIDACH Development Corp.), S00026 (Crippen), S00027 (Drake), S200029 ( Smith).
2. That the Johnson County Auditor be authorized to publish the official notice of the above public hearing.
Motion by Thompson, second by Lehman, to approve Resolution 07-13-00-Z3.
Recessed at 10:26 a.m.; reconvened at 10:37 a.m.
Motion by Thompson, second by Lehman, to approve and authorize the Chairperson to sign the Collective Bargaining Agreement with Social Services and Mental Health/Developmental Disabilities.
On June 6, 2000, motion by Jordahl, second by Thompson, to approve the Ordinance Enacting Uniform Building, National Electrical, Uniform Mechanical and Uniform Plumbing Codes on first consideration. Roll Call: aye: Lehman, Jordahl, Stutsman, Thompson; nay: Duffy.
Motion by Jordahl, second by Thompson, to approve the Ordinance Enacting Uniform Building, National Electrical, Uniform Mechanical and Uniform Plumbing Codes on second consideration. Roll Call: aye: Lehman, Jordahl, Stutsman, Thompson; nay: Duffy.
RESOLUTION 07-13-00-01
ESTABLISHING WEIGHT LIMIT ON JOHNSON COUNTY STRUCTURE N-32-1
Whereas, Johnson County, following the guidelines of a continuing inspection program, has recently ordered an inspection of Johnson County Structure N-32-1; and
Whereas, said bridge was inspected, analyzed, and rated; and
Whereas, the Operating Rating for Bridge Number N-32-1, located in section 32-80-7, has been lowered to 3 Tons.
Therefore, be it resolved by the Board of Supervisors of Johnson County, Iowa, that the 3-ton load limit for all vehicles be established on the above bridge and its approaches, and that the load limit shall be legal, valid, and enforceable under the provision of the Code of Iowa, effective immediately.
Motion by Jordahl, second by Stutsman, to approve Resolution 07-13-00-01.
Motion by Jordahl, second by Lehman, to approve and authorize the Chairperson to sign the agreement hiring Springstead Consultants as the financial consultant for the jail project.
Motion by Jordahl, second by Thompson: In view of the clearly established need the Board of Supervisors have not only recognized themselves, but have received notification from the State Jail Inspector with regard to, the Johnson County Board Of Supervisors hereby recognizes the need for a new jail and announces its intention to proceed with all deliberate speed to fund, plan, and construct that facility.
Motion by Thompson, second by Jordahl, to appoint the following members to a Jail Site Selection Work Group to identify sites to be considered: County Sheriff Bob Carpenter, the members of the Jail Steering Committee, County Auditor Tom Slockett, County Treasurer Tom Kriz, Supervisor Jordahl, Supervisor Thompson and as ex-officio County Attorney J. Patrick White.
Motion by Thompson, second by Jordahl, to approve the request of the Iowa Organization of Women Attorneys’ project "202" in 2002 of having diaper changing facilities in every courthouse in the state.
Motion by Lehman, second by Jordahl, to approve the GIS Coordinator job description. Roll Call: aye: Lehman, Jordahl, Stutsman, Thompson; nay: Duffy.
Motion by Duffy, second by Jordahl, to approve and authorize the Chairperson to send James Martinek a letter of appreciation and certificate for serving on the Johnson County Building Code Study Committee.
Motion by Duffy, second by Jordahl, to approve and authorize the Chairperson to send Kae Wild a letter of appreciation and certificate for serving on the Johnson County Zoning Commission.
Motion by Thompson, second by Lehman, to accept the County Auditor’s Quarterly Report of Fees Collected for the quarter ending June 30, 2000, in the amount of $6,438.02, as submitted by County Auditor Tom Slockett.
Motion by Lehman, second by Thompson, to place on file the Clerk’s Report of Fees Collected for the month of June, 2000, in the amount of $5,518.37, as submitted by Clerk of District Court Lodema Berkley.
Motion by Lehman, second by Jordahl, to accept the Sheriff’s report for 1999-2000 in the amount of $123,364.61, as submitted by County Sheriff Robert Carpenter.
Adjourned to informal meeting of July 13, 2000 at 11:47 a.m.
/s/Sally Stutsman, Chair, Board of Supervisors
Attest: Tom Slockett, Auditor
By Casie Parkins, Recording Secretary
These minutes were sent for publication and formal approval on July 20, 2000.