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 22, 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, 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 Sullivan, second by Meyers, to approve the minutes of the formal meeting of January 15, 2009, and the collective bargaining strategy formal meeting of January 15, 2009.

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 proposed plan to dispose of county-owned real property consisting 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 at 9:01 a.m.

Assistant County Attorney Andy Chappell said the right-of-way south of the intersection of Prairie du Chien Road and Old Prairie du Chien Road is unneeded. The County was previously required to take the property as an unusable remnant and has recently received an offer of $62,000, the appraised value, to purchase the property. Chappell said the County's proposal is to sell the property at public auction. Chappell said no one from the County Trails Committee or any County department has indicated any need or desire to keep the property. R. Sullivan asked how large this parcel of land is. Chappell said three acres.

Attorney David Kubicek, representing the owner of the property next to the County-owned property, spoke in favor of the proposed plan. Terry Dahms spoke against the proposed plan.

Public Hearing closed at 9:12 a.m.

RESOLUTION 01-22-09-01

RESOLUTION ADOPTING 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, as more particularly described in the Proposed Plan set forth in Resolution No. 01-08-09-01; 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, in accordance with Section 331.361(2) of the 2007 Code of Iowa, a public hearing on a proposed plan to dispose of the county’s interest in this real property was held on this the 22nd day of January, 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; and

Whereas, after said hearing, the Johnson County Board of Supervisors made its final determination on 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 decided 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 Board has further decided that the County will reserve the right to reject all bids if none meets the minimum bid, will require payment of the purchase price in full, possibly at the conclusion of the auction, and will set such other conditions on the auction and sale so as to adequately carry out the Board’s intent as set out herein; and

Whereas, this conveyance to the highest bidder, as described above and in the proposal set forth, is necessary and will be the best method to dispose of the subject property.

Therefore, Be It Resolved by the Johnson County Board of Supervisors that disposing 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, is deemed necessary; and

Be It Further Resolved that the 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 as specifically described in the proposal and available at the Johnson County Auditor’s Office at 913 S. Dubuque Street, is hereby adopted; and

Be It Further Resolved the Johnson County Board of Supervisors shall dispose of Johnson County’s fee interest in the 2.29 acre tract described in the Proposed Plan 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 shall reserve the right to reject all bids if none meets the minimum bid, shall require payment in full and its representatives shall set such other conditions on the auction and sale so as to adequately carry out the Board’s intent as set out herein; and

Be It Further Resolved that the Board of Supervisors hereby authorizes the Chairperson to sign on its behalf any documents of conveyance necessary to fulfill the above-referenced Proposed Plan, including but not limited to a deed, and to take any other such actions to convey the interests in real property described above.

Motion by Stutsman, second by Sullivan, to approve Resolution 01-22-09-01.

RESOLUTION 01-22-09-02

RESOLUTION SETTING FORTH PROPOSED PLAN TO DISPOSE OF COUNTY-OWNED REAL PROPERTY CONSISTING OF A STORMWATER MANAGEMENT EASEMENT LOCATED AT THE JOINT EMERGENCY COMMUNICATIONS CENTER SITE ON MELROSE AVENUE, IOWA CITY, JOHNSON COUNTY, IOWA

Whereas, Johnson County is the fee owner of real property located at 4529 Melrose Avenue in Iowa City, Johnson County, Iowa; and

Whereas, this property is currently leased to the Joint Emergency Communications Services Association of Johnson County for purposes of a Joint Emergency Communications Center, which includes a stormwater management area; 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 Stormwater Management Easement located at Joint Emergency Communication Center Site on Melrose Avenue, Iowa City, Johnson County, Iowa

Johnson County is the fee owner of real property located at 4529 Melrose Avenue in Iowa City, Johnson County, Iowa. This property is currently leased to the Joint Emergency Communications Services Association of Johnson County for purposes of a Joint Emergency Communications Center, which includes a stormwater management area.

It is necessary, as a part of developing this property for a Joint Emergency Communications Center, to convey to the City of Iowa City a stormwater management easement. Said easement generally gives the City the authority to maintain the stormwater management area at the Joint Emergency Communications Center site, if need to do so arises. The easement will be conveyed to the City for a nominal amount, $1.00. The easement will be memorialized by a written easement agreement that will be executed by the County, the City, and the Joint Emergency Communications Services Association of Johnson County.

The proposed easement area consists of .86 acres (37,555 square feet) and is legally described as the following:

A portion of the northeast one-quarter of the northeast one-quarter of Section 13, Township 79 North, Range 7 West of the 5th Principal Meridian, Iowa City, Johnson County, Iowa, more particularly described as follows:

Storm Water Management Easement

Commencing at the northeast corner of Section 13, Township 79 North, Range 7 West of the 5th Principal Meridian, Iowa City, Johnson County, Iowa; thence N89°38’29”W, along the north line of the northeast one-quarter of said Section 13, a distance of 677.03 feet; thence S00°00’00”W, 593.73 feet to the point of beginning; thence S90°00’00”E, 232.25 feet; thence S00°32’18”E, 92.02 feet; thence S36°57’23”W, 98.69 feet; thence S69°17’57”W, 70.69 feet; thence N59°28’51”W, 124.96 feet; thence N00°00’00”E, 132.41 feet to the point of beginning, containing 0.86 acre (37,555 square feet) and is subject to easements and restrictions of record.

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 stormwater management easement located at Joint Emergency Communication Center site on Melrose Avenue, Iowa City, Johnson County, Iowa, and as specifically described in the proposal.

Motion by Sullivan, second by Stutsman, to approve Resolution 01-22-09-02.

RESOLUTION 01-22-09-03

RESOLUTION SETTING PUBLIC HEARING ON PROPOSED PLAN TO DISPOSE OF COUNTY-OWNED REAL PROPERTY CONSISTING OF A STORMWATER MANAGEMENT EASEMENT LOCATED AT THE JOINT EMERGENCY COMMUNICATIONS CENTER SITE ON MELROSE AVENUE, IOWA CITY, JOHNSON COUNTY, IOWA

Whereas, Johnson County is the fee owner of real property located at 4529 Melrose Avenue in Iowa City, Johnson County, Iowa; and

Whereas, the Johnson County Board of Supervisors has set forth by resolution a proposal to dispose of county-owned real property consisting of a stormwater management easement located at Joint Emergency Communication Center site on Melrose Avenue, Iowa City, 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 Stormwater Management Easement Located at Joint Emergency Communication Center Site on Melrose Avenue, Iowa City, 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 conveying to the City of Iowa City a stormwater management easement for $1.00; 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 February 5, 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 Stutsman, to approve Resolution 01-22-09-03.

Motion by Stutsman, second by Sullivan, to approve and authorize the Chairperson to sign the Federal Aid HBRR Funding Agreement with the Iowa Department of Transportation for Project BRS-CO52(66)—60-52, Black Diamond Road Bridge Replacement over Old Man’s Creek.

Motion by Sullivan, second by Meyers, to approve the request for tax suspension for Michael Cooper, 3463 Oak Hill Drive NE, North Liberty, Iowa.

Recessed to informal meeting at 9:28 a.m.; reconvened at 10:20 a.m.; recessed at 10:21 a.m.; reconvened at 10:26 a.m.

Motion by Sullivan, second by Meyers, to enter into Executive Session at 10:26 a.m. to discuss the Step 3 Bruce Reynolds grievance under section 21.5(1.i), Code of Iowa, “to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual’s reputation and that individual requests a closed session.” Roll call: aye: Harney, Stutsman, Neuzil, Sullivan, Meyers.

Motion by Harney, second by Stutsman, to leave Executive Session at 11:13 a.m. Roll call: aye: Harney, Stutsman, Neuzil, Sullivan, Meyers.

Adjourned at 11:13 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 29, 2009.

Sent to the Board of Supervisors on January 23, 2009 at 3:00 p.m.