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

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

FEBRUARY 19, 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 Stutsman, to approve the minutes of the formal meeting of February 12, 2009.

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

RESOLUTION 02-19-09-01

RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST CLUB 76 INC.

Whereas, on December 10, 2008, an employee of Club 76 Inc., 2349 Mehaffey Bridge Road NE, North Liberty, Iowa, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and

Whereas, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and

Whereas, a hearing was held on this date by the Johnson County Board of Supervisors to determine whether to assess the civil penalty against Club 76 Inc., and at said hearing the Board of Supervisors heard the facts of the violation and the arguments of the permittee, if any; and

Whereas, this violation is the first such violation of an employee of Club 76 Inc. to be considered by the Board of Supervisors under Iowa Code § 453A.22(2).

Now, Therefore, be it Resolved by the Johnson County Board of Supervisors, that the Board of Supervisors finds that on December 10, 2008, an employee of Club 76, Inc., violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and

Be it Further Resolved, that the Board of Supervisors, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby imposes a civil penalty in the amount of $300.00 against Club 76 Inc., that said retail cigarette permittee has twenty (20) days from the date of this Resolution to pay the civil penalty in full by delivering $300.00 to the Johnson County Attorney’s Office, and if the civil penalty is not timely paid the retail cigarette permit held by the permittee shall automatically be suspended for a period of fourteen (14) days.

Be it Further Resolved, that the Johnson County Attorney’s Office will provide a copy of this Resolution to the retail cigarette permit holder via regular mail sent to the permit holder’s place of business as it appears on the application for a retail cigarette permit.

Motion by Sullivan, second by Meyers, to approve Resolution 02-19-09-01.

RESOLUTION 02-19-09-02

RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST BAXA’S SUTLIFF STORE AND TAVERN

Whereas, on December 10, 2008, an employee of Baxa’s Sutliff Store and Tavern, 5546 130th Street NE, Lisbon, Iowa, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and

Whereas, a hearing was held on this date by the Johnson County Board of Supervisors to determine whether to assess the civil penalty against Baxa’s Sutliff Store and Tavern, and at said hearing the Board of Supervisors heard the facts of the violation and the arguments of the permittee, if any; and

Whereas, this violation is the first such violation of an employee of Baxa’s Sutliff Store and Tavern to be considered by the Board of Supervisors under Iowa Code § 453A.22(2).

Now, Therefore, be it Resolved by the Johnson County Board of Supervisors, that the Board of Supervisors finds that on December 10, 2008, an employee of Baxa’s Sutliff Store and Tavern, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and

Be it Further Resolved, that the Board of Supervisors, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby imposes a civil penalty in the amount of $300.00 against Baxa’s Sutliff Store and Tavern, that said retail cigarette permittee has twenty (20) days from the date of this Resolution to pay the civil penalty in full by delivering $300.00 to the Johnson County Attorney’s Office, and if the civil penalty is not timely paid the retail cigarette permit held by the permittee shall automatically be suspended for a period of fourteen (14) days. Be it Further Resolved, that the Johnson County Attorney’s Office will provide a copy of this Resolution to the retail cigarette permit hold

Be it Further Resolved, that the Johnson County Attorney's Office will provide a copy of this Resolution to the retail cigarette permit holder via regular mail sent to the permit holder’s place of business as it appears on the application for a retail cigarette permit.

Motion by Meyers, second by Stutsman, to approve Resolution 02-19-09-02.

RESOLUTION 02-19-09-Z1

RESOLUTION APPROVING THE SITE PLAN APEX PROPERTIES LLC C/O STEVE SCHMIDT LOT 2 OF DONOHUE FIFTH SUBDIVISION

Whereas, the owner has filed application 15580 for approval of a Site Plan of Lot 2 of Donohue Fifth Subdivision and

Whereas, the County Zoning Commission having studied said application recommends approval.

Now, Therefore, be it Resolved by the Board of Supervisors of Johnson County, Iowa:

That said site plan be approved subject to staff’s approval of the storm-water management plan.

Motion by Sullivan, second by Harney, to approve Resolution 02-19-09-Z1.

Zoning Application 15572 of Karol Brenneman requesting rezoning of 0.31 acres from A-Agricultural to R-Residential of certain property described as being in the NE 1/4 of the NW 1/4 of Section 31, Township 78 North, Range 8 West of the 5th P.M. in Johnson County, Iowa. This property is located on the south side of 560th Street SW approximately 1/2 mile east of its intersection with Johnson Iowa Road SW in Washington Township.

ORDINANCE 02-19-09-Z1

Zoning Application 15572

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

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Washington Township and comprised of approximately 0.31 acres more or less to wit:

DESCRIPTION

Is Auditor Parcel 2008109 as recorded in Plat Book 53 on Page 282, in the office of the Johnson County Recorder of the Northeast 1/4 of the Northwest 1/4 in Section 31, Township 78 North, Range 8 West of the 5th P.M., Johnson County, Iowa Except the county road right of way and being more particularly described as follows;

Commencing at the North 1/4 Corner of Section 31, Township 78 North, Range 8 West of the 5th P.M., Johnson County, Iowa; thence S00°35'40"E along the East Line of the Northwest 1/4 of said Section 31, a distance of 33.01 feet to a point on the South right of Way line for 560th Street SW; thence S88°08'34"W along said South Right of Way line, a distance of 250.00 feet to the point of beginning; thence S00°35'40"E, a distance of 266.99 feet; thence S88°08'34"W, a distance of 50.12 feet; thence N00°35'40"W, a distance of 266.99 feet to a point on said South Right of Way line; thence N88°08'34"E along said South Right of Way line, a distance of 50.12 feet to the Point Of Beginning containing 0.31 acre more or less.

is hereby changed from A-Agricultural to R-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 February 12, 2009, motion by Harney, second by Meyers, to waive the requirement of three considerations before amending an ordinance and to approve Application 15572 on first and second consideration. Roll call: aye: Harney, Stutsman, Neuzil, Sullivan, Meyers.

Motion by Stutsman, second by Sullivan, to approve Zoning Application 15572 on final consideration and to approve Ordinance 02-19-09-Z1. Roll call: aye: Harney, Stutsman, Neuzil, Sullivan, Meyers.

Reconvened Public Hearing of February 12, 2009 on Subdivision Application 15573 at 9:14 a.m.

Subdivision Application 15573 of Karol Brenneman requesting preliminary and final plat approval of Brennemans Third Subdivision, a Resubdivision of Lot 1 Willard Brennemans Second Subdivision and Auditors Parcel 2008109 and a portion of NE 1/4 of the NW 1/4 of Section 31-78-08, a subdivision described as being located in the NE 1/4 of the NW 1/4 of Section 31 Township 78, Range 8 West of the 5th P.M. in Johnson County, Iowa. This is a 2 lot 2.80 acre residential subdivision containing 1 residential lot and 1 outlot located on the south side of 560th Street SW approximately 1/2 mile east of the intersection with Johnson Iowa Road SW in Washington Township.

RESOLUTION 02-19-09-Z2

RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF BRENNEMANS THIRD SUBDIVISION, JOHNSON COUNTY, IOWA

Whereas, the owner has filed application 15573 for approval of a preliminary and final plat of Brennemans Third Subdivision, 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: Owner’s Certification and Consent, Subdivider’s Agreement, Mortgagee’s Consent to Platting, Opinion of Attorney, Certificate of Treasurer, Exhibit A: Certificate of County Auditor Fence Agreement, Resolution Affirming the Stability of the Current Road System, B. Subdivision Plat (5).

Motion by Harney, second by Stutsman, to approve Resolution 02-19-09-Z2.

Public Hearing closed at 9:15 a.m.

Motion by Stutsman, second by Sullivan, to accept the recommendation of GASB 45 service provider Silverstone Group for the Johnson County actuarial estimate in Fiscal Year 2009.

Motion by Stutsman, second by Sullivan, to appoint Gladys Fisher and Lyle Hubbard as Washington Township Trustees for terms ending November 2, 2010 or until a successor is elected and qualified.

Adjourned to Informal meeting at 9:17 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 February 26, 2009.