November 18, 2004 Formal Meeting

MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:

NOVEMBER 18, 2004

Chairperson Neuzil 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 Stutsman, second by Lehman, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors.

Motion by Lehman, second by Harney, to approve the minutes of the November 9, 2004 canvass of votes for the General Election and the minutes of the formal meeting of November 10, 2004.

Motion by Harney, second by Stutsman, to approve the payroll authorizations submitted by department heads, as approved by a majority of the Supervisors.

Convened Public Hearing on CDBG funding for a new agency service center to the Iowa Department of Economic Development from Systems Unlimited, Inc. listing Johnson County Board of Supervisors as the applicant at 9:05 a.m.

Systems Unlimited Executive Director Bill Gorman presented the CDBG funding application for a new agency service center to the Iowa Department of Economic Development from Systems Unlimited, Inc. listing Johnson County Board of Supervisors as the applicant. He read the following into the public record: Johnson County is proposing to submit a Community Development Block Grant Application to the Iowa Department of Economic Development. The grant funds will be used to help finance the construction of a 33,300 sq. ft. service center for use by Systems Unlimited. The new facility will allow for consolidation of existing service facilities now housed in 3 locations in Iowa City. The grant application will be submitted to the Iowa Department of Economic Development on December 8, 2004. The County is requesting $800,000 in Grant Funds for the proposed project. If the grant is approved by the State, Systems Unlimited intends to commit $3,779,300 in local matching funds to complete the service center. It was determined that 76% of the clients of Systems Unlimited are of low and moderate income. It will not be necessary to displace or relocate any homeowners as a result of the proposed program.

No one from the public was present to speak regarding the proposal.

Public Hearing closed at 9:06 a.m.

Motion by Thompson, second by Harney, to approve and authorize the Chairperson to sign the CDBG funding application for a new agency service center to the Iowa Department of Economic Development from Systems Unlimited, Inc. listing Johnson County Board of Supervisors as the applicant.

Convened Public Hearing on Platting application S04055 at 9:07 a.m.

Application S04055 of John Roetlin, signed by Glen Meisner, MMS Consultants Inc., requesting preliminary and final plat approval of Twin County Dairy First Addition, a subdivision described as being located in the SW 1/4 of the SW 1/4 of Section 19, Township 78 North, Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot, 12.33 acre, Commercial/Industrial and Residential Subdivision, located in the northeast quadrant of the intersection of Highway #1 SW and 540th Street SW in Sharon Twp.).

Stutsman asked if the buffering is on the north side of the property. Assistant Planning and Zoning Administrator R.J. Moore said that the applicant would have to buffer all lands adjoining the property used agriculturally or residentially. Lehman said that one of the co applicants is the owner of adjoining residential property. He said that he doesn’t have an issue with the buffering around the residential property because they are the same ownership, but it might be an issue if there were a future owner of the residential property. Stutsman said that she is willing to forgo the buffering on the north and east sides because it is primarily an agricultural area, there has never been any buffering there in the past, the business isn’t changing that much, and it hasn’t been a problem for any of the neighbors. Harney said that John Roetlin will be removing storage sheds which will open the area up.

Jean Bartley, Glen Meisner of MMS Consultants, and John Roetlin spoke for the application.

Assistant County Attorney recommended closing the public hearing, after public comment is allowed, to be able to discuss both the platting and site plan applications together.

Public Hearing closed at 9:22 a.m.

Application Z04009 of John and Margaret Guetzko, West Branch, signed by John Guetzko requesting rezoning of 15.78 acres from Al Rural District & RIA Residential District to RS Suburban Residential District of certain property described as Lot 1 Oasis Retreat being in the SE 1/4 of section 26, Township 80 North, Range South West of the 5th P.M. in Johnson County, Iowa (This property is located at 5596 Fairview Cemetery Road NE on the north side of Fairview Cemetery Road NE approximately 300° west of its intersection with Oasis Road NE in Graham Twp.).

ORDINANCE 11-18-04-Z1

Zoning Application Z04009

AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM A1 RURAL DISTRICT & R1A URBAN RESIDENTIAL DISTRICT TO RS SUBURBAN RESIDENTIAL DISTRICT

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 A1 Rural District & R1A Urban Residential District to RS Suburban Residential District.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Graham Township and comprised of approximately 15.78 acres to wit:

LOT 1, OASIS RETREAT, JOHNSON COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 35 AT PAGE 33 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER, EXCEPTING THEREFROM 0.70 ACRE OF ROAD RIGHT-OF-WAY AND CONTAINING 15.78 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.

is hereby changed from A1 Rural District & R1A Urban Residential District to RS Suburban Residential District.

SECTION III. DISTRICT MAPS. The portion of the District Maps maintained in accordance with Chapter 8:1.5.2 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 November 10, 2004, motion by Stutsman, second by Harney, to waive the requirement of three considerations before amending an ordinance and to approve Application Z04009 on first and second consideration. Roll call: aye: Harney, Stutsman, Neuzil, Lehman, Thompson.

Motion by Stutsman, second by Harney, to approve Application Z04009 on final consideration and to approve Ordinance 11-18-04-Z1. Roll call: aye: Harney, Stutsman, Neuzil, Lehman, Thompson.

Application Z04013 of David and Karen Long, Iowa City, signed by David Long, requesting rezoning of .78 acres from A1 Rural District to CH Highway Commercial District of certain property described as being located in the NE 1/4 of Section 11, Township 78 North, Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located on the east side of Sand Road SE, approximately 1300 feet south of its intersection with 480th Street SE in Pleasant Valley Twp.).

On November 10, 2004, motion by Harney, second by Lehman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z04013 on first and second consideration. Roll call: aye: Harney, Neuzil, Thompson; nay: Stutsman, Lehman. (This motion constitutes passage on first consideration only due to the lack of three-fourths of the entire Board voting aye).

Motion by Harney, second by Thompson, to approve Application Z04013 on second consideration. Roll call: aye: Harney, Stutsman, Neuzil, Lehman, Thompson.

Application Z04015 of Laurie Tulchin, Iowa City, requesting rezoning of 1.10 acres from A1 Rural District to RS Suburban Residential District of certain property described as lot 2 of RDM Subdivision located in the NE 1/4 of the NW 1/4 of Section 18, Township 80 North, Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located on the south side of Newport Road NE, at the intersection of Newport Road NE and Highway #1 NE in Newport Twp).

ORDINANCE 11-18-04-Z2

Zoning Application Z04015

AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM A1 RURAL DISTRICT TO RS SUBURBAN RESIDENTIAL DISTRICT

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Newport Township and comprised of approximately 1.10 acres to wit:

BEGINNING AT THE SOUTHEAST CORNER OF LOT 2, RDM SUBDIVISION TO JOHNSON COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF RECORDED IN PLAT BOOK 32 AT PAGE 288 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE S89º44’35”W, ALONG THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 282.37 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE N00º00’03”W, ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 192.68 FEET; THENCE S89º38’22”E, 220.62 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2; THENCE S18º00’04”E, ALONG SAID EAST LINE, 199.81 FEET TO THE POINT OF BEGINNING, CONTAINING 1.10 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.

is hereby changed from A1 Rural District to RS Suburban Residential District.

SECTION IV. REPEALER. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

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 November 10, 2004, motion by Stutsman, second by Harney, to waive the requirement of three considerations before amending an ordinance and to approve Application Z04015 on first and second consideration. Roll call: aye: Harney, Stutsman, Neuzil, Lehman, Thompson.

Motion by Stutsman, second by Harney, to approve Application Z04015 on final consideration and to approve Ordinance 11-18-04-Z2. Roll call: aye: Harney, Stutsman, Neuzil, Lehman, Thompson.

Motion by Lehman, second by Thompson, to appoint Paul Deaton to the Johnson County Board of Health for a term ending December 31, 2007.

Motion by Thompson, second by Stutsman, to appoint Kae Wild to the Johnson County Zoning Commission for a term ending December 31, 2009.

Motion by Stutsman, second by Lehman, to approve and authorize the Chairperson to send JoAnne Neuzil a letter of appreciation and certificate for serving on the Johnson County Historic Preservation Commission.

Motion by Lehman, second by Harney, to approve and authorize the Chairperson to send Betty Sedlacek and Joe Gjovig letters of appreciation and certificates for serving on the Johnson County Compensation Commission.

Recessed at 10:17 a.m.; reconvened at 10:47 a.m.

RESOLUTION 11-18-04-Z1

RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF TWIN COUNTY DAIRY FIRST SUBDIVISION, JOHNSON COUNTY, IOWA.

Whereas, the owner has filed application S04055 for approval of a preliminary and final plat of Twin County Dairy First Addition, 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: Owner Certificate & Dedication; Title Opinion; Treasurer Certificate; Subdivider's Agreement; Fence Agreement; Consent of Mortgagee; Resolution Affirming the Stability of Current Road System; Mutual Access Easement Agreement; Access Agreement; Access Shared Driveway Easement; Acquisition Easement Document; B. Subdivision Plat: Plats (5) or (7); Acquisition Plats (5)

Motion by Harney, second by Stutsman, to approve Resolution 11-18-04-Z1.

SP04004 of Twin County Dairy requesting Site Plan approval for a parcel of land described as being the SW 1/4 of Section 19, Township 78 North, Range 7 West of the 5th P.M.

RESOLUTION 11-18-04-Z2

RESOLUTION APPROVING THE SITE PLAN OF JOHN ROETLIN FOR TWIN COUNTY DAIRY

Whereas, the owner has filed application SP04004 for approval of a Site Plan for parcel of land described as Lot 2 of Twin County Dairy First Addition in Johnson County, Iowa, 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

Motion by Harney, second by Stutsman, to approve Resolution 11-18-04-Z2.

Adjourned to informal meeting at 11:01 a.m.

/s/Terrence Neuzil, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Casie Kadlec, Recording Secretary

These minutes were sent for publication on November 23, 2004 and formal approval on December 2, 2004.