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

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

JANUARY 8, 2009

Chairperson Neuzil called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 5:30 p.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 Sullivan, 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 December 30, 2008, and January 2, 2009.

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

Motion by Stutsman, second by Sullivan, to place on file the Clerk’s Report of Fees Collected for the month of December, 2008, in the amount of $9,131.88, as submitted by Clerk of District Court Lodema Berkley.

Convened Public Hearing on Zoning and Platting Applications at 5:32 p.m.

Rezoning Application 15556 of Bill Frees requesting rezoning of 10.37 acres from A Agricultural to R3 Residential of a certain property described as Auditors Parcel 2008107 being in the SE 1/4 of the NW 1/4 and the SW 1/4 of NE 1/4 and the NE 1/4 of the NW 1/4 of Section 13, Township 80 North, Range 6 West of the 5th P.M. in Johnson County, Iowa. This property is located on the north side of Newport Road NE, approximately 1600 feet East of the intersection of Newport Road NE and Sugar Bottom Road NE in Newport Township.

Sullivan asked if Bill Frees was proposing three lots and asked how the property would be divided. Frees, speaking for the application, said there will be a north lot, another lot off to the right, and off to the left of the cul-de-sac before crossing the ravine there will be another lot. Sullivan asked if Frees will be using the existing driveway to access the lots. Frees said yes. Meyers asked if the driveway accesses Newport Road. Frees said yes. Meyers asked if the driveway meets the 1,000 foot requirement. Assistant Planning and Zoning Administrator R.J. Moore said yes.

Motion by Stutsman, second by Harney, to waive the requirement of three considerations before amending an ordinance and to approve Application 15556 on first and second consideration. Roll call: aye: Harney, Stutsman, Neuzil, Sullivan, Meyers.

Rezoning Application 15557 of the City of Iowa City signed by Daniel Scott requesting rezoning of 382.36 acres more or less, from A Agricultural to P Public of certain property described as being located in Section 14, Township 79 North, Range 7 West of the 5th P.M. in Johnson County, Iowa. This property is located on the east and west sides of Hebl Avenue SW, approximately where Hebl Avenue SW enters the Iowa City Landfill in Union Township.

Harney said the County recently rezoned the area west of this request and he asked how this will affect those residential areas. Moore said they are up in the northeast corner and this is more or less a buffer area. Harney asked it that will be a future access road. Moore said no. Assistant County Attorney Andy Chappell said he recalls an agreement between Rodgers and the City of Iowa City that said if the landfill gets close enough to affect their well system the City will bring water to them. He said when that rezoning was completed, everyone knew the landfill was coming and it was contemplated. Sullivan asked why the rezoning language in the application says approximately. Moore said with legal descriptions there is always a margin of error built in and when there are measurements that include plus or minus, he just uses the word approximately instead of exactly.

Motion by Harney, second by Sullivan, to waive the requirement of three considerations before amending an ordinance and to approve Application 15557 on first and second consideration. Roll call: aye: Harney, Stutsman, Neuzil, Sullivan, Meyers.

Subdivision Application 15554 of Ellen Coan requesting preliminary and final plat approval of Ellensborough Addition, a subdivision described as being located in the NE 1/4 of the NW 1/4 of Section 28 Township 78 North, Range 5 West of the 5th P.M. in Johnson County, Iowa. This is a 1 lot, 1 outlot, 2.26 acre farmstead split with lot 1 being 1.26 acres and outlot A being 1.00 acre, located on the south side of 540th Street SE approximately 2000 feet east of its intersection with Utah Avenue SE in Lincoln Township.

MMS Consultants Representative Glen Meisner was present to answer questions.

RESOLUTION 01-08-09-Z1

RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF ELLENSBOROUGH ADDITION JOHNSON COUNTY, IOWA

Whereas, the owner has filed application 15554 for approval of a preliminary and final plat of Ellensborough 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: Certificate of County Auditor, Owners’ Certificate and Consent, Opinion of Attorney, Covenant Concerning Fences, Certificate of County Treasurer, County Subdivider Agreement, Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5).

Motion by Sullivan, second by Stutsman, to approve Resolution 01-08-09-Z1.

Public Hearing closed at 5:51 p.m.; reconvened Public Hearing of December 11, 2008 at 5:51 p.m.

Zoning Application 15413 of River Products Co signed by Todd A. Scott, V.P. General Counsel, requesting rezoning of 151.6 acres from R Residential to A Agricultural of certain property described as being in the W 1/2 of Section 1, Township 79 North, Range 7 of the 5th P.M. in Johnson County, Iowa. This property is located on the east side of Deer Creek Road SE approximately 3700 feet south of its intersection with Highway 6 in Clear Creek Township.

Moore said the applicant's attorney sent a letter to the Board requesting another deferral. Moore requested continuation of this public hearing for 30 days.

Motion by Stutsman, second by Meyers, to defer Application 15413 to the formal meeting on February 12, 2009 and continue the public hearing.

Public Hearing of December 11, 2008 closed at 5:54 p.m.

RESOLUTION 01-08-09-01

RESOLUTION SETTING FORTH PROPOSED PLAN TO DISPOSE OF COUNTY-OWNED REAL PROPERTY CONSISTING OF A TRACT OF UNUSED ROAD RIGHT-OF-WAY SOUTH OF THE INTERSECTION OF PRAIRIE DU CHIEN ROAD AND OLD PRAIRIE DU CHIEN ROAD IN JOHNSON COUNTY, IOWA

Whereas, Johnson County is the owner of real property located immediately South of the intersection of Prairie du Chien Road and Old Prairie du Chien Road in Section 34, Township 80 North, Range 6 West of the 5th Principal Meridian, in Johnson County, Iowa; and

Whereas, this property is generally an undeveloped triangular tract consisting of 2.29 acres of unused right-of-way condemned by Johnson County in 1999 in conjunction with a realignment of Prairie du Chien Road; and

Whereas, Section 331.361(2) of the 2007 Code of Iowa requires the County, in disposing of an interest in real property, to set forth its proposal in a resolution, to publish notice of the time and place of a public hearing on the proposal and, after the public hearing, to make a final determination on the proposal; and

Whereas, the Johnson County Board of Supervisors’ proposal to dispose of the County’s interest in the real property referenced is as follows:

Proposed Plan to Dispose of County-Owned Real Property Consisting of a Tract of Unused Road Right-of-Way South of the Intersection of Prairie du Chien Road and Old Prairie du Chien Road in Johnson County, Iowa

Johnson County is the owner of real property located immediately South of the intersection of Prairie du Chien Road and Old Prairie du Chien Road in Section 34, Township 80 North, Range 6 West of the 5th Principal Meridian, in Johnson County, Iowa. This is generally a triangular tract consisting of 2.29 acres of unused right-of-way condemned by Johnson County in 1999 in conjunction with a realignment of Prairie du Chien Road. It is currently undeveloped.

Johnson County has received an offer to purchase its fee interest in this tract for $62,000.00. The fair market value of this tract, as determined by an independent appraiser, is $62,000.00. After determining the 2.29 acres were not necessary for current or future right-of-way needs or for any other county-related purpose, Johnson County complied with Iowa Code Section 306.23, providing the appropriate notices of intent to sell the unused right-of-way and giving those receiving notice the opportunity to make an offer to purchase the tract. No offer complying with Section 306.23, or otherwise, was received from those receiving notice.

Accordingly, the Johnson County Board of Supervisors has determined to dispose of the property. The plan is to sell Johnson County’s fee interest in the 2.29 acre tract to the highest bidder at a public auction, setting the minimum bid for the tract at $62,000.00, the amount of the offer previously made to Johnson County for the tract. The County would reserve the right to reject all bids if none meets the minimum bid and would require payment in full, possibly at the conclusion of the auction.

The legal description of the tract the County plans to dispose of is as follows:

Beginning at the east one-quarter corner of Section 34, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa: Thence north 88º28’36” W, along the south line of the Northeast one-quarter of said Section 34, a distance of 786.31 feet; thence N 35º41’00” E, 92.70 feet; thence northeasterly 126.98 feet along an arc of an 838.94 foot radius curve, concave southeasterly, whose 126.86 foot chord bears N 56º45’49” E; thence N 61º06’00” E, 255.42 feet; thence northeasterly 161.38 feet along an arc of a 688.94 foot radius curve, concave northwesterly, whose 161.01 foot chord bears N 54º23’22” E; thence N 48º17’37” E, 137.34 feet; thence northeasterly 138.22 feet along an arc of a 703.94 foot radius curve, concave northwesterly, whose 138.00 foot chord bears N 30º48’14” E; thence N 26º21’22” E, 165.04 feet to a point on the westerly right-of-way line of old Prairie du Chien Road NE; thence S 89º50’49” E, 26.85 feet, to a point on the east line of the northeast one-quarter of said Section 34; thence S 00º09’11” W, along said east line, 740.64 feet, to the point of beginning, except those parts thereof which are included in Prairie du Chien Road (3.04 acres) and Old Prairie du Chien Road (.47 acres).

For further details contact: Andy Chappell, Assistant County Attorney, 319.339.6100.

Therefore, Be It Resolved by the Johnson County Board of Supervisors that it hereby sets forth its proposal to dispose of county-owned real property consisting of a tract of unused road right-of-way south of the intersection of Prairie du Chien Road and Old Prairie du Chien Road in Johnson County, Iowa, and as specifically described in the proposal.

Motion by Stutsman, second by Sullivan, to approve Resolution 01-08-09-01.

RESOLUTION 01-08-09-02

RESOLUTION SETTING PUBLIC HEARING ON PROPOSED PLAN TO DISPOSE OF COUNTY-OWNED REAL PROPERTY CONSISTING OF A TRACT OF UNUSED ROAD RIGHT-OF-WAY SOUTH OF THE INTERSECTION OF PRAIRIE DU CHIEN ROAD AND OLD PRAIRIE DU CHIEN ROAD IN JOHNSON COUNTY, IOWA

Whereas, the Johnson County Board of Supervisors has set forth by resolution a proposal to dispose of county-owned real property consisting of a tract of unused road right-of-way south of the intersection of Prairie du Chien Road and Old Prairie du Chien Road in Johnson County, Iowa; and

Whereas, conveying this property, as set forth above and in the proposal set forth, will be the best method to dispose of the same and is in the best interests of Johnson County, Iowa.

Therefore, be it resolved by the Johnson County Board of Supervisors that the plans for disposing of this interest in real property are set out in the Proposed Plan to Dispose of County-Owned Real Property Consisting of a Tract of Unused Road Right-of-Way South of the Intersection of Prairie du Chien Road and Old Prairie du Chien Road in Johnson County, Iowa, and are available at the Johnson County Auditor’s Office at 913 S. Dubuque Street, Iowa City; and

Be it further resolved that the Board of Supervisors proposes to dispose of the property by selling Johnson County’s fee interest in the 2.29 acre tract to the highest bidder at a public auction, setting the minimum bid for the tract at $62,000.00, the amount of the offer previously made to Johnson County for the tract; and

Be it further resolved that conveying this property, as set forth above and in the proposal set forth, will be the best method to dispose of the same and is in the best interests of Johnson County, Iowa; and

Be it further resolved that in accordance with Section 331.361(2) of the 2007 Code of Iowa, a public hearing on said proposed plan to dispose of the interest in property is set for January 22, 2009, at 9:00 A.M., in the Boardroom of the Johnson County Board of Supervisors, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa. The Johnson County Auditor is hereby directed to publish notice of the hearing no less than four (4) and no more than twenty (20) days prior to the same.

Motion by Harney, second by Sullivan, to approve Resolution 01-08-09-02.

RESOLUTION 01-08-09-03

RESOLUTION TAKING ACTION TO ENTER INTO A GENERAL FUND LOAN AGREEMENT

Whereas, pursuant to the provisions of Sections 331.402 and 331.305 of the Code of Iowa, the Board of Supervisors of Johnson County, Iowa (the “County”), has heretofore proposed to contract indebtedness and enter into a General Obligation Loan Agreement (the “General Obligation Building Loan Agreement”) to be paid from the County’s General Fund and a Supplemental Levy, in an amount not to exceed $4,500,000 for the purpose of paying the cost, to that amount, of constructing a Joint Emergency Communications Building (the “Project”), and has published notice of the proposed action and has held a discussion meeting thereon on December 4, 2008; and

Whereas, no petition was filed within 30 days after December 4, 2008, as provided by Sections 331.402(3)(d)(2)(b) and 331.306 of the Code of Iowa, asking that the question of entering into the General Obligation Building Loan Agreement be submitted to the registered voters of the County; and

Whereas, the County is now authorized by law to enter into the General Obligation Building Loan Agreement;

Now, therefore, it is resolved by the Board of Supervisors of Johnson County, Iowa, as follows:

Section 1. It is hereby determined that the County shall enter into the General Obligation Building Loan Agreement and issue bonds pursuant to the General Obligation Building Loan Agreement, and that this resolution constitutes the “additional action” required by Section 331.402 of the Code of Iowa.

Section 2. All resolutions and orders or parts thereof in conflict with the provisions of this resolution, to the extent of such conflict, are hereby repealed.

Motion by Sullivan, second by Meyers, to approve Resolution 01-08-09-03.

Motion by Harney, second by Meyers, to appoint Catherine Stone, Grace Arnold, and Emily Ralph to the Johnson County Juvenile Justice Youth Development Program for a term ending September 30, 2011.

Adjourned to informal meeting at 6:06 p.m.

/s/Terrence Neuzil, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Nancy Tomkovicz, Recording Secretary

These minutes were sent for publication and formal approval on January 15, 2009.

Sent to the Board of Supervisors on January 14, 2009 at 10:00 a.m.