MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
FEBRUARY 21 AND 22, 2002
Chairperson Thompson called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:00 a.m. Members present were: Pat Harney, Mike Lehman, Terrence Neuzil, Sally Stutsman, and Carol Thompson.
Unless otherwise noted, all actions were taken unanimously.
Motion by Harney, second by Lehman, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors.
Motion by Stutsman, second by Neuzil, to approve the minutes of the formal meeting of February 14, 2002.
Motion by Stutsman, second by Lehman, to approve the payroll authorizations submitted by department heads, as approved by a majority of the Supervisors.
Motion by Stutsman, second by Harney, to approve and authorize the Chairperson to sign: a Renewal Application for Class C Liquor License, Application For Outdoor Service Area, and Application For Sunday Sales Privilege for Pleasant Valley Golf Course, Iowa City, as submitted by Aleda Feuerbach.
Application Z01015 of Gregg Koss, Cedar Rapids, Iowa, requesting rezoning of 5.0 acres from RS-Suburban Residential District and A1-Rural District to RS5-Suburban Residential District of certain property described as being Lot 1 of Johnson’s Cove Subdivision. A subdivision located in Section 8, Township 81 North, Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located on the east side of Blain Cemetery Road NW, approximately 3/4 of a mile south of its intersection with Seneca Road NW in Jefferson Twp.).
ORDINANCE 02-21-02-Z1
Zoning Application Z01015
AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM RS & A1 TO RS5
SECTION I. PURPOSE. The purpose of this ordinance is to amend the Johnson County Zoning Ordinance by changing the classification of the real estate described in Section II hereof from RS-Suburban Residential District and A1-Rural District to RS5-Suburban Residential District.
SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Jefferson Township and comprised of approximately 5 acres to wit:
Lot 1, Johnson’s Cove. Recorded in Book 39, Page 124, Plat Records of Johnson County, Iowa. Located in the SW 1/4 SE 1/4 of Section 18, Township 81 North, Range 7 West of the 5th P.M. in Johnson County, Iowa.
is hereby changed from RS-Suburban Residential District and A1-Rural District to RS5-Suburban Residential District.
SECTION III. DISTRICT MAPS. The portion of the District Maps maintained in accordance with Article V, Section 2 of the Johnson County Zoning Ordinance as pertains to the real estate described in Section II of this ordinance is hereby repealed and amended to reflect the foregoing change in classification.
SECTION IV. REPEALER. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
SECTION V. SAVINGS CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid, illegal or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid, illegal or unconstitutional.
SECTION VI. EFFECTIVE DATE. This ordinance shall become effective, after its passage and approval, upon publication as part of the proceedings of the Board of Supervisors.
On February 14, 2002, motion by Stutsman, second by Harney, to waive the requirement of three considerations before amending an ordinance and to approve Application Z01015 on first and second consideration. Roll call: aye: Neuzil, Stutsman, Thompson, Lehman, Harney.
Motion by Harney, second by Stutsman, to approve Application Z01015 on final consideration and to approve Ordinance 02-21-02-Z1. Roll call: aye: Neuzil, Stutsman, Thompson, Lehman, Harney.
A proposed ordinance amending Chapter 8:1.22.V.10 Road Performance Standards by enacting additional provisions to, and by repealing any ordinances and parts of ordinances in conflict herewith:
Add a new fourth unnumbered paragraph to Chapter 8:1.22.V.10: Farmstead Splits platted pursuant to Chapter 8:1.6.C of the Johnson County Zoning Ordinance are exempt from Chapter 8:1.22.V.10 Road Performance Standards.
ORDINANCE 02-21-02-Z2
AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY ENACTING ADDITIONAL PROVISIONS TO CHAPTER 8:1.22 SUBDIVISION REGULATIONS AND BY REPEALING ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH
Section I. Purpose. The purpose of this ordinance is to further the stated purpose of the Zoning Ordinance for Unincorporated Area of Johnson County by amending article 8:1.22 Subdivision Regulations, and by repealing ordinances and parts of ordinances in conflict herewith
Section II. Amendment. Chapter 8:1.22.V.10 Road Performance Standards is hereby amended by adding a new fourth unnumbered paragraph which reads:
Farmstead splits platted pursuant to Chapter 8:1.6.c of the Johnson County Zoning Ordinance are exempt from Chapter 8:1.22.V.10 Road Performance Standards.
Section III. Repealer. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed.
Section IV. Savings Clause. If any section, provision or part of this ordinance shall be adjudged invalid, illegal or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid, illegal or unconstitutional.
Section V. Effective Date. This ordinance shall become effective after its passage and approval, upon publication as part of the proceedings of the Board of Supervisors.
On February 14, 2002, motion by Stutsman, second by Neuzil, to approve the 1st proposed amendment to the Johnson County Zoning Ordinance, Chapter 8:1.22.V.10, Road Performance Standards, on first and second consideration, by adding a new fourth unnumbered paragraph to Chapter 8:1.22.V.10: Farmstead Splits platted pursuant to Chapter 8:1.6.C of the Johnson County Zoning Ordinance are exempt from Chapter 8:1.22.V.10 Road Performance Standards, and to approve Ordinance 02-21-02-Z2. Roll call: aye: Neuzil, Stutsman, Lehman, Harney; nay: Thompson.
Motion by Stutsman, second by Harney, to approve on final consideration an amendment to the Johnson County Zoning Ordinance, Chapter 8:1.22.V.10, Road Performance Standards, and to approve Ordinance 02-21-02-Z2. Roll call: aye: Neuzil, Stutsman, Lehman, Harney; nay: Thompson.
Application SP28 of Stanley Yoder, requesting Site Plan approval for a CP2 District development for Lot 1 of Stanley Yoder Subdivision.
RESOLUTION 02-21-02-Z1
RESOLUTION APPROVING THE SITE PLAN OF STANLEY YODER FOR LOT 1 STANLEY YODER SUBDIVISION
Whereas, the owner has filed application SP28 for approval of a Site Plan for Lot 1 Stanley Yoder Subdivision, and
Whereas, the County Zoning Commission having studied said application recommends approval.
Now, Therefore, be it Resolved by the Board of Supervisors of Johnson County, Iowa:
That said site plan be approved on the condition that the buffering requirement is waived provided that the adjoining use does not require the buffering.
Motion by Stutsman, second by Lehman, to approve Resolution 02-21-02-Z1.
Convened Public Hearing on proposal to dispose of house and two garages located at 1952 Highway 6 NW, Oxford, Iowa, on property newly acquired by the Conservation Board at 9:22 a.m.
Assistant County Attorney Janet Lyness explained that they are proposing to offer the Tomash Property buildings at Kent Park for sale using the bid letting process. Lyness explained that the Board will ideally accept the high bidder but they have the right to accept and/or reject all bids. Bids are due March 27, 2002 at 10:00 a.m. at the Johnson County Board of Supervisors office.
Pat Gegenheimer spoke regarding the proposal.
Public Hearing closed at 9:27 a.m.
RESOLUTION 02-21-02-01
PROPOSAL TO DISPOSE OF THREE BUILDINGS AT 1952 HIGHWAY 6 NW, OXFORD, IOWA
Whereas the Johnson County Conservation Board (hereafter "Conservation Board") has acquired property at 1952 Highway 6 NW, Oxford, Iowa, to expand Kent Park, and
Whereas the newly acquired property has a one-story, wood-frame, 2-bedroom ranch house built in 1973; a two-car 24’ X 24’ Bullock brand garage built in 1998; and an 18’ X 30’ garage built in 1973, which the Conservation Board is not interested in using nor maintaining, and
Whereas the Conservation Board has requested Johnson County dispose of the three buildings by offering them for sale through a sealed bidding process which would provide an opportunity to sell the structures and help clear the land for use as additional park land, and
Whereas offering the three buildings for sale through sealed bids will be the best method to dispose of the buildings,
Be it Therefore Resolved that disposing of the house and both garages on property newly acquired by the Johnson County Conservation Board at 1952 Highway 6 NW, Oxford, Iowa is deemed necessary; and
Be it Resolved that the plans for selling the buildings are available at the County Auditor’s Office at 913 S. Dubuque Street, Iowa City, Iowa, with specific bidding procedures to be established by the Conservation Board Director, and
Resolved that in accordance with Sections 331.361 of the 2001 Code of Iowa, following a public hearing on the plan to sell the buildings that the Board of Supervisors will offer the buildings for sale by sealed bids due by 10 A.M. the 27th day of March, 2002, in the office of the Johnson County Auditor, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa according to the plan available at the County Auditor’s Office or at the Conservation Office located at Kent Park. The Johnson County Auditor is directed to publish notice of this resolution.
Motion by Lehman, second by Harney, to approve Resolution 02-21-02-01.
Convened Public Hearing on Conditional Use Permit at 9:30 a.m.
Application CU02001 of Gerald and Donna Hostetler requesting a Conditional Use Permit to operate a dog grooming business as a home business on property described as being Lot 4 of Paradise Hills Third Addition located in the SW 1/4 of Section 5, Township 80 North, Range 6 West of the 5th P.M. in Johnson County, Iowa. This lot is located at the end of Crippen CT. NE, a private subdivision road that intersects with Mehaffey Bridge Rd. NE, approximately one mile north of North Liberty. (Penn Twp.)
Bill Crippen spoke for the application.
RESOLUTION 02-21-02-Z2
RESOLUTION APPROVING THE CONDITIONAL USE PERMIT FOR A HOME BUSINESS-DOG GROOMING BUSINESS
Whereas, the owner has filed application CU02001 for approval of a Conditional Use Permit for a Home Business for a dog grooming business, and
Whereas, the Johnson County Board of Supervisors have reviewed said application and finds the proposed use to be consistent with the requirements of Chapter 8:1.34 of the Johnson County Zoning Ordinance.
Now, Therefore, be it Resolved by the Board of Supervisors of Johnson County, Iowa:
1. That said Conditional Use Permit be approved.
2. That the Chairperson be directed to sign said permit.
Motion by Harney, second by Stutsman, to approve Resolution 02-21-02-Z2.
Motion by Stutsman, second by Lehman, to withdraw Conditional Use Permit Application CU9904.
Public Hearing closed at 9:37 a.m.
Motion by Lehman, second by Harney, to deny the grievance from PPME regarding overtime pay of employee at Secondary Roads.
Recessed to informal meeting at 9:45 a.m.; reconvened on February 22, 2002 at 1:30 p.m.; recessed at 1:35 p.m.; reconvened at 3:05 p.m.; adjourned at 3:08 p.m.
/s/Carol Thompson, Chair, Board of Supervisors
Attest: Tom Slockett, Auditor
By Casie Parkins, Recording Secretary
These minutes were sent for publication and formal approval on February 28, 2002.