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

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

OCTOBER 16, 2008

Chairperson Sullivan 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, Larry Meyers, Terrence Neuzil, Sally Stutsman, and Rod Sullivan.

Unless otherwise noted, all actions were taken unanimously.

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

Motion by Meyers, second by Stutsman, to approve the minutes of the formal meeting of October 9, 2008.

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

Motion by Neuzil, second by Harney, to approve and authorize the Chairperson to sign: a Renewal Application for a Class B Beer Permit, Application for Sunday Sales Privilege for Ruzicka's Meat Processing Inc., Iowa City, as submitted by Barbara Ruzicka.

Zoning Application 15312 of Jeff and Laurie Quint requesting rezoning of 22.83 acres from CH-Highway Commercial to A-Agricultural and 4.62 acres from CH-Highway Commercial to R3-Residential of certain property described as being located in the NE 1/4 of the NE 1/4 of Section 17, Township 81 North, Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located at the southwest intersection of Marak Road and Highway 965 in Jefferson Township.)

ORDINANCE 10-16-08-Z1

Zoning Application 15312

AN ORDINANCE AMENDING THE JOHNSON COUNTY UNIFIED DEVELOPMENT ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM CH TO A AND CH TO R3

SECTION I. PURPOSE. The purpose of this ordinance is to amend the Johnson County Unified Development Ordinance by changing the classification of the real estate described in Section II hereof from CH to A and CH to R3

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Jefferson Township and comprised of approximately 27.45 acres to wit:

ZONING DESCRIPTION (CH TO A):

PART OF THE NE 1/4 OF THE NE 1/4 OF SECTION 17, TOWNSHIP 81 NORTH, RANGE 7 WEST, OF THE 5TH P.M., LYING SOUTHERLY OF THE CENTERLINE OF THE EAST-WEST PUBLIC ROAD AND BEING MORE PARTICULARLY DESCRIBED AS:

COMMENCING AT THE NE CORNER OF SECTION 17, TOWNSHIP 81 NORTH, RANGE 7 WEST, OF THE 5TH P.M.; THENCE S00°28'40"E, 819.17 FEET ALONG THE EAST LINE OF SAID NE 1/4 TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF HIGHWAY 965, SAID POINT ALSO BEING THE POINT OF BEGINNING. THENCE CONTINUING S00°28'40"E, 507.83 FEET; THENCE S87°26'47"W, 1346.29 FEET; THENCE N00°49'33"W, 1097.62 FEET TO THE SOUTHERLY LINE OF MARAK ROAD NW; THENCE ALONG SAID ROW LINE SOUTHEASTERLY 56.46 FEET ALONG A 157.15 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY WITH CHORD BEARING S46°14'34"E, 56.16 FEET; THENCE S00°49'33"E, 739.03 FEET; THENCE N89°10'27"E, 290.66 FEET; THENCE N00°49'33"W, 659.03 FEET; THENCE S78°47'00"E, 310.57 FEET; THENCE S83°02'42"E, 583.63 FEET; THENCE S26°16'45"E, 316.72 FEET TO THE POINT OF BEGINNING. SAID LAND CONTAINS 22.83 ACRES.

is hereby changed from CH to A.

ZONING DESCRIPTION (CH TO R3):

COMMENCING AT THE NE CORNER OF SECTION 17, TOWNSHIP 81 NORTH, RANGE 7 WEST, OF THE 5TH P.M.; THENCE S00°28'40"E, 518.73 FEET ALONG THE EAST LINE OF SAID NE 1/4; THENCE N83°02'42"W, 717.11 FEET; THENCE N78°47'00"W, 316.38 FEET; THENCE S00°49'33"E, 33.74 FEET TO THE POINT OF BEGINNING. THENCE N78°47'00"W, 156.36 FEET; THENCE NORTHWESTERLY 103.63 FEET ALONG A 895.48 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY WITH CHORD BEARING N74°55'51"W, 103.57 FEET; THENCE NORTHWESTERLY 42.73 FEET ALONG A 157.15 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY WITH CHORD BEARING N64°19'35"W, 42.60 FEET; THENCE S00°49'33"E, 739.03 FEET; THENCE N89°10'27"E, 290.66 FEET; THENCE N00°49'33"W, 659.03 FEET TO THE POINT OF BEGINNING. SAID LAND CONTAINS 4.62 ACRES.

is hereby changed from CH to R3.

SECTION III. DISTRICT MAPS. The portion of the District Maps maintained in accordance with Chapter 8:1.5.I of the Johnson County Unified Development 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 October 9, 2008, motion by Neuzil, second by Meyers, to waive the requirement of three considerations before amending an ordinance and to approve Application 15312 on first and second consideration. Roll call: aye: Harney, Stutsman, Sullivan, Neuzil, Meyers.

Motion by Stutsman, second by Harney, to approve Application 15312 on final consideration and to approve Ordinance 10-16-08-Z1. Roll call: aye: Harney, Stutsman, Sullivan, Neuzil, Meyers.

Zoning Application 15409 of Leslie Lien requesting rezoning of the West 1/2 of Lots 1 and 2, Block 6 from CH Highway Commercial to R Residential of certain property described as being in the S 1/2 of Section 9, Township 80 North, Range of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of Morse Road NE, approximately 220 feet east of its intersection with Putnam Street NE in Graham Township.)

ORDINANCE 10-16-08-Z2

Zoning Application 15409

AN ORDINANCE AMENDING THE JOHNSON COUNTY UNIFIED DEVELOPMENT ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM CH TO R

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Graham Township and comprised of approximately 0.194 acres to wit:

West One Half of Lots 1 and 2 in Block 16 in the town of Morse, Johnson County, Iowa.

is hereby changed from CH to R.

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 October 9, 2008, motion by Stutsman, second by Harney, to waive the requirement of three considerations before amending an ordinance and to approve Application 15409 on first and second consideration. Roll call: aye: Harney, Stutsman, Sullivan, Neuzil, Meyers.

Motion by Meyers, second by Neuzil, to approve Application 15409 on final consideration and to approve Ordinance 10-16-08-Z2. Roll call: aye: Harney, Stutsman, Sullivan, Neuzil, Meyers.

RESOLUTION 08-10-16-Z1

Whereas the Johnson County Planning and Zoning Commission, following a public hearing, on October 13, 2008, filed its report and recommendations for certain actions;

Now, therefore, be it resolved as follows:

A public hearing in accordance with Section 335.6 of the Iowa Code is set for the 13th day of November, 2008 at 5:30 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following: 15227(Kloubec), 15467 (Schmidt), 15468 (Ambrose), 15469 (Slaughter), 15468 (Braddock) 15471 (Bender) and 15466 (McKenna).

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

Motion by Stutsman, second by Meyers, to approve Resolution 10-16-08-Z1.

Motion by Harney, second by Neuzil, to approve and authorize the Chairperson to sign the 28E Agreement with the Johnson County Soil and Water Conservation District for Engineering Design, Construction Management and Construction Costs for Lake McBride Shoreline Stabilization Project (L-Cottage—73-52) along Cottage Reserve Road NE.

Motion by Stutsman, second by Meyers, to approve and authorize the Chairperson to sign the 28E Agreement with the Iowa Department of Natural Resources for Engineering Design, Construction Management and Construction Costs for Lake McBride Shoreline Stabilization Project (L-Cottage—73-52) Cottage Reserve Road NE.

Motion by Stutsman, second by Harney, to approve and authorize the Chairperson to sign the Federal-aid Funding Agreement with the Iowa Department of Transportation for a Surface Transportation Program Project, the Oakdale Boulevard Paving and Grading Project (Project # STP-S-CO52(89)—5E-52).

Motion by Neuzil, second by Stutsman, to approve and authorize the Chairperson to sign the following Applications for Fireworks Permits: for Chuck Hart, 758 Bay Ridge Drive, Iowa City, for display at 2511 Highway 1 SW, on October 25, 2008, and Joe Rasmussen, 4098 180th Street NE, Solon, on October 25, 2008.

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

/s/Rod Sullivan, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Nancy Tomkovicz, Recording Secretary

These minutes were sent for publication and formal approval on October 23, 2008.