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

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

AUGUST 20, 2009

Chairperson Neuzil called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:01 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 Sullivan, 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 August 13, 2009.

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

Motion by Sullivan, second by Meyers, to accept the Recorder’s Report of Fees Collected for the month of July, 2009, in the amount of $285,986.40, as submitted by County Recorder Kim Painter.

Rezoning Application 15860 of AgVantage FS, Inc. signed by Gaylan Brunssen, General Manager requesting rezoning of 7.88 acres from A-Agricultural to MH-Heavy Industrial of certain property described as being in the NE 1/4 of the NW 1/4 of Section 22, Township 80 North, Range 8 West of the 5th P.M. in Johnson County, Iowa. This property is located in the SW quadrant of Highway 6 NW and Lower Old Highway 6 NW in Oxford Township.

ORDINANCE 08-20-09-Z1

Zoning Application 15860

AN ORDINANCE AMENDING THE JOHNSON COUNTY UNIFIED DEVELOPMENT ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM A-AGRICULTURAL TO MH-HEAVY INDUSTRIAL

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 MH-Heavy Industrial

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Oxford Township and comprised of approximately 7.88 acres to wit:

A portion of the NE 1/4 NW 1/4, Section 22, T. 80 N., R. 08 W., of the 5th P.M., Johnson County, Iowa, lying within the boundaries of the Boundary Survey recorded in Plat Book 14 - Page 5 and Deed in Book 1042 - Page 229, Johnson County Recorder's Office, described as follows:

Beginning at a point S 89° 51' W - 60.00 feet from the intersection of the N line of said Section 22 and the centerline of Old Highway 6 paving;

thence S 00° 34' E - 815.00 feet along a line 60 feet normal westerly from said centerline;

thence S 89° 51' W - 474.50 feet along the south boundary of said Survey;

thence N 00° 34' W - 815.00 feet along the west boundary of said survey to the north line of said Section 22;

thence N 89° 51' E - 474.50 feet along said north line to the Point of Beginning.

Said described parcel contains 8.88 acres minus 1.00 acre previously zoned MH, such that the rezoning acreage is 7.88 acres.

is hereby changed from A-Agricultural to MH-Heavy Industrial.

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 August 13, 2009, motion by Sullivan, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to conditionally rezone the property described in Rezoning Application 15860 pursuant to the signed agreement on first and second consideration. Roll call: aye: Harney, Stutsman, Neuzil, Sullivan, Meyers.

Motion by Stutsman, second by Sullivan, to approve Application 15860 on final consideration and to approve Ordinance 08-20-09-Z1. Roll call: aye: Harney, Stutsman, Neuzil, Sullivan, Meyers.

Zoning Application 15599 of Richard Wonick requesting rezoning of 39.92 acres from A-Agricultural to R-Residential of certain property described as being in the SE 1/4 of the SE 1/4 of Section 24 Township 80 North, Range 6 West and the NE 1/4 of the NE 1/4 and the SE 1/4 of the NE 1/4 of Section 25 Township 80 North, Range 6 West and the NW 1/4 of the NW 1/4 and the SW 1/4 of the NW 1/4 of Section 30 Township 80 North Range 5 West of the 5th P.M. in Johnson County, Iowa. This property is located on the east side of Wonick Road NE approximately at its southern intersection with Highway 1 NE in Newport Township.

ORDINANCE 08-20-09-Z2

Zoning Application 15599

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

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Newport Township and comprised of approximately 39.92 acres more or less to wit:

DESCRIPTION

A Portion of the East One-Half of the Northeast Quarter of Section 25, a Portion of the Southeast Quarter of the Southeast Quarter of Section 24 both of Township 80 North, Range 6 West, and a Portion of the West One-Half of the Northwest Quarter of Section 30, Township 80 North, Range 5 West all of the Fifth Principal Meridian, Johnson County, Iowa, more particularly described as follows:

Beginning at the Northeast corner of Section 25 thence S01°09'36"E 548.42 feet along the east line of the NE 1/4 of said Section 25; Thence N89°58'59"E 355.94 feet to the west right of way of State Highway 1; Thence S13°58'59"W 1362.31 feet along said west right of way; Thence S13°00'26"W 421.83 feet along said west right of way; Thence N76°09'36"W 78.18 feet to the former centerline of Buchmayer Bend a County Road; Thence N04°43'13"W 88.61 feet along the former centerline of said County Road to a point of curvature; Thence 470.50 feet along an arc concave westerly with a radius of 1250.00 feet, a delta angle of 21°33'59", whose 467.73 foot chord bears N15°30'13"W; Thence N26°17'12"W 863.34 feet along the existing centerline of Buchmayer Bend a County Road; Thence N27°15'49"W 830.46 feet along said County Road centerline to a point of curvature; Thence 529.12 feet along an arc of said centerline concave easterly with a radius of 670.00 feet, a delta angle of 45°14'53", whose 515.48 foot chord bears N04°38'22"W; Thence N17°59'04"E 367.65 feet along said County Road centerline; Thence N89°24'24"E 619.78 feet; Thence S00°27'42"E 662.65 feet to the north line of the NE1/4 Section 25; Thence N89°19'29"E 331.18 feet along the north line of the NE1/4 Section 25 to the point of beginning.

Excepting therefrom:

All Existing Road right of way and

Lot 1 of Wonicks First Addition a Farmstead Split to Johnson County in accordance with the Plat thereof Recorded in Plat Book 53 at Page 34 of the Records of the Johnson County Recorder's Office and

Parcel Described on the Easement Purchase Agreement Dated December 22, 2008 and Recorded in Book 4377 at Pages 384-387

Resultant Rezoning Parcel contains 39.80 acres and is subject to easements and restrictions of record.

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

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 August 13, 2009, motion by Harney, second by Sullivan, to waive the requirement of three considerations before amending an ordinance and to conditionally rezone the property described in Application 15599 pursuant to the signed agreement on first and second consideration. Roll call: aye: Harney, Stutsman, Neuzil, Sullivan, Meyers.

Motion by Sullivan, second by Meyers, to approve Application 15599 on final consideration and to approve Ordinance 08-20-09-Z2. Roll call: aye: Harney, Stutsman, Neuzil, Sullivan, Meyers.

Ordinance amending the Johnson County Unified Development Ordinance to address the acceptable placement of child care homes, child development homes, and child care centers.

ORDINANCE 08-20-09-Z3

AN ORDINANCE AMENDING THE JOHNSON COUNTY UNIFIED DEVELOPMENT ORDINANCE TO ADDRESS THE ACCEPTABLE PLACEMENT OF CHILD CARE HOMES, CHILD DEVELOPMENT HOMES, AND CHILD CARE CENTERS

Section I. Purpose. The purpose of this ordinance is to further the stated purpose of the Unified Development Ordinance for Johnson County by defining Child Care Homes, Child Development Homes, and Child Care Centers, by providing areas within Johnson County where it is appropriate to site and operate said facilities and by making other associated changes.

Section II. Amendments.

A. Article 8:1.4 is hereby amended by deleting paragraph 36 in its entirety and replacing it with the following:

36. Child Care Center. A facility licensed by the State of Iowa pursuant to Iowa Code Section 237A.2, as amended, providing child care or preschool services for seven or more children, except when the facility is registered with the State as a child development home.

B. Article 8:1.4 is hereby amended by adding a new paragraph 36A, which shall read as follows:

36A. Child Care Home. A facility providing child care to five or fewer children at any one time that is not registered with the State of Iowa to provide child care but meets the requirements of Iowa Code Section 237A.3, as amended.

C. Article 8:1.4 is hereby amended by adding a new paragraph 36B, which shall read as follows:

36B. Child Development Home. A facility registered with the State of Iowa pursuant to Iowa Code Section 237A.3A, as amended, providing child care to six or more children at any one time.

D. A new Article 8:1.6(II)(10) is added allowing Child Care Homes and Child Development homes as permitted accessory uses in Agricultural Districts, which article shall read as follows:

10. Child Care Homes and Child Development Homes.

E. A new Article 8:1.7(II)(10) is added allowing Child Care Homes and Child Development homes as permitted accessory uses in Agricultural Residential Districts, which article shall read as follows:

10. Child Care Homes and Child Development Homes.

F. A new Article 8:1.8(II)(9) is added allowing Child Care Homes and Child Development homes as permitted accessory uses in Residential Districts, which article shall read as follows:

9. Child Care Homes and Child Development Homes

G. Article 8:1.8(III)(3) is hereby amended by deleting the phrases “child care center,” and “pre-kindergarten,” such that the revised Article shall read as follows:

3. Kindergarten or special schools.

H. A new Article 8:1.9(III)(11) is added allowing Child Care Homes and Child Development homes as permitted accessory uses in Manufactured Housing Residential Districts, which article shall read as follows:

11. Child Care Homes and Child Development Homes.

I. A new Article 8:1.10(I)(1A) is added allowing Child Care Centers as permitted uses in Commercial Districts, which article shall read as follows:

1A. Child Care Centers.

J. A new Article 8:1.11(I)(2A) is added allowing Child Care Centers as permitted uses in Highway Commercial Districts, which article shall read as follows:

2A. Child Care Centers.

K. A new Article 8:1.12(I)(11) is added allowing Child Care Centers as permitted uses in Agri-Business Districts, which article shall read as follows:

11. Child Care Centers.

L. Article 8:1.20(II)(9)(c) is hereby amended by deleting it in its entirety and replacing it with the following:

c. Kindergarten or special schools.

Section III. Repealer. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

Section IV. 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 V. Effective Date. This ordinance shall be in effect after its final passage and publication as part of the proceedings of the Board of Supervisors.

On August 13, 2009, motion by Stutsman, second by Sullivan, to waive the requirement of three considerations before amending an ordinance and to approve the Ordinance amending the Johnson County Unified Development Ordinance to address the acceptable placement of child care homes, child development homes, and child care centers on first and second consideration. Roll call: aye: Harney, Stutsman, Neuzil, Sullivan, Meyers.

Motion by Stutsman, second by Sullivan, to approve the Ordinance amending the Johnson County Unified Development Ordinance to address the acceptable placement of child care homes, child development homes, and child care centers and to approve Ordinance 08-20-09-Z3 on final consideration. Roll call: aye: Harney, Stutsman, Neuzil, Sullivan, Meyers.

Reconvened Public Hearing on Rezoning Application 15861 at 9:07 a.m.

Rezoning Application 15861 of Kevin Kidwell requesting rezoning of 72.8 acres from A-Agricultural to R-Residential of certain property described as being in the NW 1/4 of the SW 1/4 and in the SW 1/4 of the SW 1/4 of Section 34, Township 81 North, Range 6 of the 5th P.M., in Johnson County, Iowa. This property is located on the east side of Sugar Bottom Rd NE approximately 1250 feet north of its intersection with Broganville Lane NE in Big Grove Township.

Kevin Kidwell said the conditional zoning agreement had been signed. Stutsman said the applicant had worked well with staff on the proposal but she will vote no because the area is outside the phasing of the North Corridor, infill considerations, and the lack of infrastructure for additional traffic. Sullivan said he agrees with Stutsman but in this case rezoning is the best way to protect land bordering the state park. Meyers said both sides of the road are already zoned residential and road performance standards have been changed.

Public Hearing closed at 9:11 a.m.

Motion by Harney, second by Sullivan, to waive the requirement of three considerations before amending an ordinance and to conditionally rezone the property described in Rezoning Application 15861 pursuant to the signed agreement on first and second consideration. Roll call: aye: Harney, Neuzil, Sullivan, Meyers; nay: Stutsman.

Motion by Sullivan, second by Stutsman, to approve and authorize the Chairperson to sign the amending state Decategorization Contract # DCAT 7-09-142 to add $5,569 as approved by the Johnson County Decategorization Board in support of the African-American Advisory Committee’s “Save Our Children” conference to be held on September 10-11.

Motion by Stutsman, second by Sullivan, to approve and authorize the Chairperson to sign a contract with Linn County Community Services in support of the Focus on Youth Fund, in the amount of $39,181.

Motion by Harney, second by Sullivan, to approve and authorize the Chairperson to sign a contract with the Iowa Department of Public Health to support Substance Abuse Education and Prevention Programming in the amount of $10,000, with MECCA as the subcontractor.

Motion by Sullivan, second by Stutsman, to approve and authorize the Chairperson to sign the Sheriff’s contract for the provision of law enforcement services to the town of Coralville in the amount of $11,096.65 for communication services.

Motion by Stutsman, second by Meyers, to appoint Beth Cawiezell and Jerry Higgins to the Johnson County Rural Advisory Committee for a term ending June 30, 2011.

Motion by Sullivan, second by Meyers, to appoint Terrence Neuzil and Sally Stutsman to the Finance Committee.

Motion by Sullivan, second by Stutsman, to approve and authorize the Chairperson to send a letter of thanks to Randy and Christine Howell for hosting the County’s Sutliff Village planning meetings.

Adjourned to Informal meeting at 9:30 a.m.

/s/Terrence Neuzil, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By John Deeth, Recording Secretary

These minutes were sent for publication and formal approval on August 27, 2009.