February 17, 2005 Formal Meeting

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

FEBRUARY 17, 2005

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: Pat Harney, Mike Lehman, Terrence Neuzil, Sally Stutsman, and Rod Sullivan.

Unless otherwise noted, all actions were taken unanimously.

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

Motion by Sullivan, second by Lehman, to approve the minutes of the formal meetings of February 10, 2005.

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

Motion by Lehman, second by Sullivan, to reject all bids received for Johnson County project no. STP-S-C052(67)--5E-52, FM-TSF-C052(73)--5B-52(grading and paving of Sand Road SE between 480th Street and Napoleon Lane).

Application Z04018 of Earl E. Hull, applicant, Anneta Hull, owner, Iowa City, Iowa, signed by Earl E. Hull, requesting rezoning of 3.25 acres from A2 Resort District to RS Suburban Residential District of certain property described as being the NE 1/4 of the SE 1/4 of Section 27, Township 79 North, Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located in the southeast corner of Sand Road SE and Sycamore Street SE intersection in East Lucas South Twp.).

ORDINANCE 02-17-05-Z1

Zoning Application Z04018

AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM A2 RESORT 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 A2 Resort District to RS Suburban Residential District.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in East Lucas Township and comprised of approximately 3.25 acres to wit:

A PORTION OF THE NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 27, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS:

COMMENCING AT THE EAST ONE-QUARTER CORNER OF SECTION 27, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE S00º58’10”E, ALONG THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 27, A DISTANCE OF 33.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SYCAMORE STREET SE AND THE POINT OF BEGINNING; THENCE CONTINUING S00º58’10”E, 949.39 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 1, WHITE BUCKS SUBDIVISION TO JOHNSON COUNTY, IOWA AS RECORDED IN PLAT BOOK 48 AT PAGE 162 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE S89º18’34”W, ALONG SAID NORTHERLY LINE, 43.74 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAND ROAD SE; THENCE N12º41’20”W, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 327.56 FEET; THENCE NORTHWESTERLY, 621.81 FEET ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND AN ARC OF A 5763.22 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 621.51 FOOT CHORD BEARS N15º39’31”W; THENCE N50º39’41”E, 42.61 FEET TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY LINE OF SYCAMORE STREET SE; THENCE N88º50’09”E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 234.71 FEET TO THE POINT OF BEGINNING, CONTAINING 3.25 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.

is hereby changed from A2 Resort 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 February 10, 2005, motion by Sullivan, second by Neuzil, to waive the requirement of three considerations before amending an ordinance and to approve Application Z04018 on first and second consideration. Roll call: aye: Harney, Sullivan, Stutsman, Lehman, Neuzil.

Motion by Harney, second by Sullivan, to approve Application Z04018 on final consideration and to approve Ordinance 02-17-05-Z1. Roll call: aye: Harney, Sullivan, Stutsman, Lehman, Neuzil.

Application Z04019 of E. R. Williams, Iowa City, Iowa, requesting rezoning of 0.42 acres from C1 Commercial District to A1 Rural District and 1.16 acres from A1 Rural District to C1 Commercial District of certain property described as being in the SE 1/4 of Section 27, Township 79 North, Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located in the southwest corner of Black Diamond Road SW and Highway 1 SW intersection in Union Twp.).

ORDINANCE 02-17-05-Z2

Zoning Application Z04019

AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM A1 RURAL DISTRICT TO C1 COMMERCIAL DISTRICT AND C1 COMMERCIAL DISTRICT TO A1 RURAL 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 to C1 Commercial District and C1 Commercial District to A1 Rural District.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Union Township and comprised of approximately 1.58 acres to wit:

COMMENCING AT THE SOUTHEAST CORNER OF SECTION 27, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5^TH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N00°55’50”E, ALONG THE EASTERLY LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 27, A DISTANCE OF 1207.93 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF BLACK DIAMOND ROAD SW; THENCE NORTHWESTERLY, 25.15 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND AN ARC OF A 576.60 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, WHOSE 25.14 FOOT CHORD BEARS N61º00’14”W TO THE POINT OF BEGINNING; THENCE CONTINUING NORTHWESTERLY, 137.52 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND AN ARC OF A 576.60 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, WHOSE 137.20 FOOT CHORD BEARS N69º05’10”W; THENCE N75º54’23”W, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 238.84 FEET; THENCE S00º48’27”W, 266.22 FEET; THENCE N66º22’12”E, 396.84 FEET TO THE POINT OF BEGINNING, CONTAINING 1.16 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.

is hereby changed from A1 Rural District to C1 Commercial District.

COMMENCING AT THE SOUTHEAST CORNER OF SECTION 27, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N00°55’50”E, ALONG THE EASTERLY LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 27, A DISTANCE OF 1084.77 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF IOWA HIGHWAY NO. 1 SW; THENCE S66°22’12”W, ALONG SAID RIGHT-OF-WAY LINE, 420.89 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S66°22’12”W, ALONG SAID RIGHT-OF-WAY LINE, 107.11 FEET; THENCE N23°37’48”W, 132.00 FEET; THENCE N66°22’12”E, 167.09 FEET; THENCE S00º48’27”W, 144.99 FEET TO SAID POINT OF BEGINNING, CONTAINING 0.42 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.

is hereby changed from C1 Commercial District to A1 Rural 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 February 10, 2005, motion by Harney, second by Lehman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z04019 on first and second consideration. Roll call: aye: Harney, Sullivan, Stutsman, Lehman, Neuzil.

Motion by Lehman, second by Neuzil, to approve Application Z04019 on final consideration and to approve Ordinance 02-17-05-Z2. Roll call: aye: Harney, Sullivan, Stutsman, Lehman, Neuzil.

RESOLUTION 02-17-05-Z1

Whereas, the Johnson County Planning and Zoning Commission, following a public hearing, on February 14, 2005, 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 March, 2005 at 5:30 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following: S04048 (Schwab), S04059 (Hahn), S05001 (Stark), S05002 (See Estate), S05003 (Hull).

2. That the Johnson County Auditor be authorized to publish the official notice of above public hearing.

Motion by Neuzil, second by Sullivan, to approve Resolution 02-17-05-Z1.

Motion by Harney, second by Lehman, to accept North Corridor Transportation Study recommendation to address the transportation needs of Newport Road and Prairie du Chien Road in Johnson County, Iowa.

Motion by Neuzil, second by Lehman, to increase the Home and Community Based Services Waiver Slots for Adults with Mental Retardation from 180 to 185.

Adjourned to informal meeting at 9:14 a.m.

/s/Sally Stutsman, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Casie Kadlec, Recording Secretary

These minutes were sent for publication and formal approval on February 24, 2005.