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 15, 2009

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, Terrence Neuzil, Sally Stutsman, and Rod Sullivan; absent: Larry Meyers.

Unless otherwise noted, all actions were taken unanimously.

Motion by Stutsman, second by Sullivan, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors. Roll call: aye: Harney, Stutsman, Neuzil, Sullivan; absent: Meyers.

Motion by Sullivan, second by Stutsman, to approve the minutes of the formal meeting of January 8, 2009 and collective bargaining strategy formal meeting of January 8, 2009. Roll call: aye: Harney, Stutsman, Neuzil, Sullivan; absent: Meyers.

Larry Meyers arrived at 9:02 a.m.

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 Sullivan, second by Stutsman, to accept the County Auditor’s Second Quarterly Report of Fees Collected for the quarter ending December, 2008, in the amount of $2,516.72, as submitted by County Auditor Tom Slockett.

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.

ORDINANCE 01-15-09-Z1

Zoning Application 15556

AN ORDINANCE AMENDING THE JOHNSON COUNTY UNIFIED DEVELOPMENT ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM A-AGRICULTURAL TO R3-RESIDENTIAL

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 A-Agricultural to R3-Residential.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Newport Township and comprised of approximately 10.37 acres to wit:

A PORTION OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER AND A PORTION OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 13, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 13, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA; THENCE S00°33’04”W, 934.60 FEET TO THE NORTHWEST CORNER OF LOT 3, PLEASANT VIEW ACRES, JOHNSON COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 29 AT PAGE 88 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER AND THE POINT OF BEGINNING; THENCE CONTINUING S00°33’04”W, ALONG THE WEST LINE OF SAID LOT 3, A DISTANCE OF 395.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 3; THENCE N89°49’03”E, ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 400.00 FEET; THENCE S00°00’00”W, 343.78 FEET; THENCE S68°05’58”W, 244.70 FEET; THENCE N55°10’03”W, 105.26 FEET; THENCE NORTHWESTERLY, 59.98 FEET ALONG AN ARC OF A 70.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 58.16 FOOT CHORD BEARS N30°37’17”W; THENCE N06°04’32”W, 75.18 FEET; THENCE NORTHEASTERLY, 24.88 FEET ALONG AN ARC OF A 15.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 22.12 FOOT CHORD BEARS N41°26’21”E; THENCE EASTERLY, NORTHERLY AND WESTERLY, 229.95 FEET ALONG AN ARC OF A 50.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 74.60 FOOT CHORD BEARS N42°47’54”W; THENCE SOUTHWESTERLY, 9.67 FEET ALONG AN ARC OF A 15.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 9.50 FOOT CHORD BEARS S23°55’12”W; THENCE SOUTHWESTERLY, 67.67 FEET ALONG AN ARC OF AN 80.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 65.67 FOOT CHORD BEARS S18°09’27”W; THENCE S06°04’32”E, 81.80 FEET; THENCE SOUTHEASTERLY, 111.39 FEET ALONG AN ARC OF A 130.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 108.01 FOOT CHORD BEARS S30°37’17”E; THENCE S55°10’03”E, 327.03 FEET; THENCE S68°34’10”W, 398.02 FEET; THENCE N11°34’21”W, 407.38 FEET; THENCE N45°50’06”W, 260.78 FEET; THENCE N00°33’04”E, 572.39 FEET; THENCE S89°26’56”E, 316.88 FEET TO THE POINT OF BEGINNING, CONTAINING 10.37 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.

is hereby changed from A-Agricultural to R3-Residential.

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 January 8, 2009, 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.

Motion by Harney, second by Stutsman, to approve Application 15556 on final consideration and to approve Ordinance 01-15-09-Z1. 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.

ORDINANCE 01-15-09-Z2

Zoning Application 15557

AN ORDINANCE AMENDING THE JOHNSON COUNTY UNIFIED DEVELOPMENT ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM A-AGRICULTURAL TO P-PUBLIC

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Union Township and comprised of approximately 382.36 acres more or less to wit:

SE 1/4 & S 1/2 of the SW 1/4 of the NE 1/4; S 50' & S 350' OF W 200' SE 1/4 of the NE 1/4 of Section 14, Township 79 N, Range 7 W of the 5th PM, Johnson County, Iowa

And;

The East 1/2 of the Southwest 1/4 of Section 14, Township 79 North, Range 7 West of the 5th PM as recorded in book 155 page 383 Johnson County Recorders Office; and a strip Eighty (80) rods long by six (6) rods wide off the south side of the Southeast 1/4 of the Northwest 1/4 all in Section 14, Township 79 North, Range 7 West of the 5th PM as shown by Will Record No. 142, page 514 (Report of Change of Title Johnson County Auditors Office). Containing 81.71 acres and subject to easements and restrictions of record.

And;

The Northwest 1/4 of the Southwest 1/4, except a 3 acre parcel described in Book 12, Page 49 Johnson County Recorders Office Book of Plats, Section 14, Township 79 North, Range 7 West of the 5th PM Johnson County, Iowa. Said parcel contains 36.35 acres more or less and subject to easements and restrictions of record and excludes east 33 feet of existing Kansas Avenue ROW.

And;

SW 1/4 of the NW 1/4 EX 50' X 50' IN SW CORNER of Section 14, Township 79 N, Range 7 W of the 5th PM, Johnson County, Iowa, excluding the east 33 feet of existing Kansas Avenue ROW.

And;

SW 1/4 of the SW 1/4 of Section 14, Township 79 N, Range 7 W of the 5th PM, Johnson County, Iowa

is hereby changed from A-Agricultural to P-Public.

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 January 8, 2009, 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.

Motion by Sullivan, second by Meyers, to approve Application 15557 on final consideration and to approve Ordinance 01-15-09-Z2. Roll call: aye: Harney, Stutsman, Neuzil, Sullivan, Meyers.

RESOLUTION 01-15-09-Z1

Whereas the Johnson County Planning and Zoning Commission, following a public hearing, on January 12, 2009, 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 12th day of February, 2009 at 5:30 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following: 15572(Brenneman), 15573(Brenneman), 15574(Bender), 15576(Timber View Farms Ltd C/O Robert Dvorsky), 15577(Miller), 15578(Pedersen), and 15579(Quaintance).

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

Motion by Harney, second by Sullivan, to approve Resolution 01-15-09-Z1.

RESOLUTION -01-15-09-T1

TRANSFERRING FROM THE GENERAL BASIC FUND TO THE CONSERVATION TRUST FUND

Whereas, the Board of Supervisors may periodically credit monies to the Conservation Trust Fund pursuant to section 350.6, Code of Iowa; and

Whereas, $82,403 is the amount of Conservation Department revenue collected within the General Basic Fund during the 2007-2008 fiscal year; and

Whereas, sufficient funds are available in the General Basic Fund.

Therefore be it resolved that the Auditor is authorized to transfer $82,403 from the General Basic Fund to the Conservation Trust Fund.

Motion by Stutsman, second by Sullivan, to approve Resolution 01-15-09-T1.

RESOLUTION 01-15-09-T2

TRANSFERRING FROM THE GENERAL BASIC FUND TO THE CAPITAL PROJECTS FUND IN THE FY09 BUDGET

Whereas, it is desired to make periodic transfers of the budgeted amount from the General Basic Fund to the Capital Projects Fund; and

Whereas, Resolution 04-24-08-T4 stated the budgeted transfer amount of $8,110,330 was done per the FY09 budget, and an additional transfer of $7,740,000 is needed to fund capital projects; and

Whereas, this transfer is made in accordance with section 331.427 Code of Iowa, and

Whereas, the desired amount to be transferred is $7,740,000, for a year-to-date total transfer of $15,850,330 is stated;

Therefore be it resolved that an additional $7,740,000 is to be transferred from the General Basic Fund to the Capital Projects Fund during the 2008-2009 fiscal year be designated as follows:

Dept. 85- Capital Projects $7,740,000 for building construction.

Motion by Harney, second by Sullivan, to approve Resolution 01-15-09-T2.

Motion by Sullivan, second by Meyers, to approve and authorize the Chairperson to sign a Renewal Application for a Class C Native Wine License, Application for Outdoor Service Area, and Application for Sunday Sales Privilege for Wallace Winery, 5305 Herbert Hoover Highway NE, West Branch, as submitted by Illene Lande.

Motion by Stutsman, second by Sullivan, to acknowledge receipt of the Step 3 grievance from Bruce Reynolds, Secondary Roads.

Motion by Stutsman, second by Harney, to appoint County Sheriff Lonny Pulkrabek to the Joint Emergency Communications Services Association Policy Board for a two year term.

Adjourned to informal meeting at 9:31 a.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 22, 2009.

Sent to the Board of Supervisors on January 15, 2009 at 12:15 p.m.