MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
APRIL 2, 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 by the following vote: Roll call: aye: Harney, Stutsman, Neuzil, Sullivan; absent: Meyers.
Motion by Stutsman, second by Sullivan, to approve the claims on the Auditors 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 March 26, 2009.
Motion by Harney, second by Sullivan, to approve the payroll authorizations submitted by department heads, as approved by a majority of the Supervisors.
Convened Public Hearing on FY2009 Budget Amendment at 9:01 a.m.
Budget Coordinator Richard Claiborne said the amendment is to receive the bond proceeds for the Joint Communications Center building and equipment.
No one from the public spoke.
Public Hearing closed at 9:02 a.m.
RESOLUTION 04-02-09-B1
AMENDING THE FISCAL YEAR 2009 JOHNSON COUNTY BUDGET
Whereas, the Board of Supervisors has held a public hearing pursuant to Chapter 331, Code of Iowa, to amend the fiscal year 2008-2009 County Budget; and
Whereas, the explanation of changes is as follows:
Expenditures increased for:
Public Safety and Legal Services service area for General Basic Block Grants department for the Joint Emergency Communications Center ($15,100,000)
Revenues increased for:
Other Financing Sources: General Long-Term Debt proceeds ($15,100,000)
Whereas, after consideration of all comments at said hearing the Board of Supervisors has determined that it will be necessary to amend the 2008-2009 budget; and
Whereas, the amendment does not increase taxes to be collected in the fiscal year ending June 30, 2009.
Therefore be it resolved that the following expenditures of the fiscal year 2008-2009 county budget be amended:
EXPENDITURE INCREASES (by Service Area):
Public Safety & Legal Services increase by $15,100,000 to $35,345,209
REVENUE (by type):
Other Financing Sources: General Long-Term Debt proceeds increased by $15,100,000 to $20,597,000
Motion by Sullivan, second by Stutsman, to approve Resolution 04-02-09-B1.
RESOLUTION 04-02-09-B2
CHANGING DEPARTMENTAL APPROPRIATIONS
Whereas, the Board of Supervisors has held a public hearing pursuant to section 331.434(3), Code of Iowa, to amend the fiscal year 2008-2009 County Budget; and
Whereas, the explanation of changes is contained in Resolution 04-02-09-B1; and
Whereas, the amendment does not increase the taxes to be collected in the fiscal year ending June 30, 2009; and
Whereas, all comments from the public have been heard.
Therefore be it resolved that the following department appropriations be changed as follows:
DEPARTMENT EXPENDITURES (Service Area):
Dept. 20- General Basic Block Grants (Public Safety and Legal Services service area) increases $15,100,000 for YTD appropriation $20,713,693
DEPARTMENT REVENUES (Type):
Dept. 18- Central Services/General Basic Fund (General Long-Term Debt Proceeds revenue) increases by $15,100,000 for a budgeted total of $20,597,000
Motion by Harney, second by Sullivan, to approve Resolution 04-02-09-B2.
Zoning Application 15598 of Mary Knight requesting rezoning of 9.34 acres from A-Agricultural to R3-Residential of certain property described as being in the SE 1/4 of the NE 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 south side of Newport Road NE approximately 1700 feet west of its intersection with Quincy Road NE in Newport Township.
ORDINANCE 04-02-09-Z1
Zoning Application 15598
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 9.34 acres more or less to wit:
DESCRIPTION
A PORTION OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST 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 EAST ONE-QUARTER CORNER OF SECTION 13, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N00°3845E, ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 13, A DISTANCE OF 921.12 FEET TO THE NORTHEAST CORNER OF THE SOUTH 14 ACRES OF THE EAST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 13; THENCE N89°4638W, ALONG THE NORTH LINE OF SAID SOUTH 14 ACRES OF THE EAST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 13, A DISTANCE OF 298.39 FEET TO THE POINT OF BEGINNING; THENCE S00°3609W, 726.12 FEET; THENCE N89°4638W, 626.02 FEET; THENCE N06°5451W, 236.43 FEET; THENCE N04°0844W, 237.38 FEET; THENCE N11°1147E, 22.27 FEET; THENCE S89°4638E, 178.15 FEET; THENCE SOUTHEASTERLY, THEN NORTHEASTERLY, 177.55 FEET ALONG AN ARC OF A 50.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 97.91 FOOT CHORD BEARS N78°2929E; THENCE NORTHWESTERLY, 11.10 FEET ALONG AN ARC OF A 15.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 10.85 FOOT CHORD BEARS N02°0225W; THENCE N19°0934E, 54.84 FEET; THENCE NORTHEASTERLY, 108.10 FEET ALONG AN ARC OF A 333.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 107.63 FOOT CHORD BEARS N09°5134E, TO A POINT ON THE WEST LINE OF SAID EAST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 13; THENCE N00°3333E, ALONG SAID WEST LINE, 44.22 FEET TO THE NORTHWEST CORNER OF SAID SOUTH 14 ACRES OF THE EAST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 13; THENCE S89°4638E, ALONG THE NORTH LINE OF SAID SOUTH 14 ACRES OF THE EAST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 13, A DISTANCE OF 364.39 FEET TO THE POINT OF BEGINNING, CONTAINING 9.34 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 March 12, 2009, motion by Stutsman, second by Harney, to waive the requirement of three considerations before amending an ordinance and to approve Zoning Application 15598 on first and second consideration. Roll call: aye: Harney, Stutsman, Neuzil; nay: Sullivan, Meyers. (This motion constitutes passage on first consideration only due to the lack of three-fourths of the entire Board voting aye.)
On March 26, 2009 motion by Harney, second by Stutsman, to approve Zoning Application 15598 on second consideration. Roll call: aye: Harney, Stutsman, Neuzil; nay: Sullivan, Meyers. (This motion constitutes passage on second consideration only due to the lack of three-fourths of the entire Board voting aye.)
Motion by Harney, second by Stutsman, to approve Zoning Application 15598 on final consideration and to approve Ordinance 04-02-09-Z1. Roll call: aye: Harney, Stutsman, Neuzil; nay: Sullivan; absent: Meyers.
Motion by Sullivan, second by Stutsman, to approve the Federal Highway Stimulus Program Project Aid Agreement with the Iowa Department of Transportation for Project ESL-CO52(094)7S-52, Dubuque Street Trail West Overlook Rd to 275th Street.
Motion by Stutsman, second by Sullivan, to approve the grant allocations for FY10 from Department 54 Juvenile Justice Youth Development Grant Program totaling $200,000 to the following agencies: $9,530 to Community Corrections Improvement Association, $25,822 to Big Brothers Big Sisters of Johnson County, $25,821 to United Action for Youth, $50,354 to Neighborhood Centers of Johnson County, and $88,473 to Mid-Eastern Council on Chemical Abuse.
Motion by Harney, second by Stutsman, to approve establishing a Charitable Giving Fund with the Community Foundation of Johnson County to raise funds for the Childrens Initiative, which provides scholarships to vulnerable youth (low income, homeless, involved in the juvenile court or child welfare systems) to participate in pro-social cultural and recreational programs in Johnson County.
Motion by Stutsman, second by Sullivan, to approve and authorize amending the contract with Linn County Community Services to add $5,816 to the Focus on Youth Fund, a fund for families with a child with an emotional or behavioral disturbance.
Motion by Sullivan, second by Stutsman, to approve the non-bargaining classification and compensation study agreement with PJ Greufe & Associates.
Motion by Stutsman, second by Sullivan, to appoint Andy Johnson as the Executive Assistant to the Board of Supervisors Office.
Adjourned to Informal meeting at 9:14 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 April 9, 2009.
Sent to the Board of Supervisors on April 3, 2009 at 4:30 p.m.