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 19, 2010

Chairperson Stutsman 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, Janelle Rettig, Sally Stutsman, and Rod Sullivan.

Unless otherwise noted, all actions were taken unanimously.

Motion by Sullivan, second by Rettig, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors.

Motion by Neuzil, second by Sullivan, to approve the minutes of the formal meeting of August 12, 2010.

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 proposed plans, specifications, form of contract, and estimated total cost for site improvements to the Old Armory Property at 9:02 a.m.

Facilities Manager David Kempf reviewed the project. No one from the public spoke.

Public Hearing closed at 9:08 a.m.

RESOLUTION 08-19-10-01

RESOLUTION APPROVING PLANS AND SPECIFICATIONS,

FORM OF CONTRACT, COST ESTIMATE AND REQUESTING BIDS

FOR SITE IMPROVEMENTS TO 925 SOUTH DUBUQUE STREET, IOWA CITY, IOWA (FORMER ARMORY PROPERTY)

Whereas, a public hearing was conducted on the 19th day of August, 2010, concerning proposed plans, specifications and form of contract for, and the estimated cost of, Site Improvements to 925 South Dubuque St., Iowa City, Iowa (Former Armory Property) Project and

Whereas, the Johnson County Board of Supervisors has given due consideration to said proposed plans, specifications, form of contract for, and the estimated cost of, said project along with objections and evidence for or against the same as reflected by the record of the public hearing.

Now, Therefore, Be It Resolved that the proposed Site Improvements to 925 South Dubuque St., Iowa City, Iowa (Former Armory Property) Project is in the best interest of Johnson County; and

Be It Further Resolved that the estimated total cost of the Site Improvements to 925 South Dubuque St., Iowa City, Iowa (Former Armory Property) Project is $744,400; and

Be It Further Resolved that the proposed plans, specifications and form of contract for, and the estimated total cost of said construction, are hereby approved as the plans, specifications and form of contract for, and estimated cost of said construction project; and

Be It Further Resolved that sealed bids for the Site Improvements to 925 South Dubuque St., Iowa City, Iowa (Former Armory Property) Project be solicited for receipt by the Johnson County Auditor, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, until 9:00 A.M. Central Time, September 7, 2010. Notice to bidders to be published pursuant to the Iowa Code; and

Be It Further Resolved that the bid security to accompany each bid for the construction of the project shall be in the amount of five percent (5%) of the amount of the bid; and

Be It Further Resolved that pursuant to Iowa Code Section 26.11, David Kempf, Johnson County Facilities Manager, is hereby delegated the duty of receiving and opening bids for this project, announcing the results, and reporting the results of the bidding with his recommendations to the Board of Supervisors at its next regular meeting or at a special meeting called for that purpose.

Motion by Harney, second by Sullivan, to approve Resolution 08-19-10-01.

Zoning Application 16276 of Kristi Meyer requesting the rezoning of 1.0 acres from R – Residential to R3 – Residential and 5.46 acres from A – Agricultural to R3 – Residential of certain property described as being in the NW 1/4 of the SW 1/4 of Section 20, Township 80 North, Range 6 West of the 5th p.m. in Johnson County, Iowa. This property is located on the south side of Johnston Way NE approximately 1700 feet west of its intersection with North Liberty Road NE in Penn Township.

ORDINANCE 08-19-10-Z1

Zoning Application 16276

AN ORDINANCE AMENDING THE JOHNSON COUNTY UNIFIED DEVELOPMENT ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM R – RESIDENTIAL AND 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 R – Residential and A – Agricultural to R3 – Residential.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Penn Township and comprised of approximately 6.46 acres to wit:

PART OF LOT TWO OF THE SUBDIVISION OF LOT 1 OF MACKENZIE'S FIRST ADDITION, AS RECORDED IN BOOK 25, PAGE 31 OF THE JOHNSON COUNTY RECORDS BEING MORE PARTICULARLY DESCRIBED AS:

COMMENCING AT THE NE CORNER OF SAID LOT TWO, THENCE S02°04'59"E, 85.23 FEET ALONG THE EAST LINE OF SAID LOT 2 TO THE POINT OF BEGINNING; THENCE S89°51'42"W, 451.91 FEET; THENCE S01°19'47"E, 823.68 FEET; THENCE S79°56'58"E, 366.19 FEET; THENCE N10°03'02"E, 94.16 FEET; THENCE N49°31'36"W, 117.89 FEET; THENCE N29°20'12"W, 121.16 FEET; THENCE N11°19'44"W, 164.23 FEET; THENCE N43°38'14"W, 136.71 FEET; THENCE N10°09'11"W, 164.71 FEET; THENCE S53°02'24"E, 472.78 FEET TO THE EAST LINE OF SAID LOT 2; THENCE N02°04'59"W, 476.07 FEET TO THE POINT OF BEGINNING. SAID LAND CONTAINS 6.46 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.

is hereby changed from R – Residential and 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 August 12, 2010, motion by Neuzil, second by Harney, to waive the requirement of three considerations before amending an ordinance and to approve Zoning Application 16276 on first and second consideration. Roll call: aye: Harney, Neuzil, Stutsman, Rettig; nay: Sullivan.

Motion by Neuzil, second by Rettig, to approve Zoning Application 16276 on final consideration and to approve Ordinance 08-19-10-Z1. Roll call: aye: Harney, Neuzil, Stutsman, Rettig; nay: Sullivan.

Zoning Application 16321 of Renee L. Madden, requesting the rezoning of 0.5 acres from CH – Highway Commercial and RUA – Single Family Residential to RUA – Single Family Residential of certain property described as being in the SW 1/4 of the NE 1/4 of Section 34, Township 79 North, Range 8 West of the 5th p.m. in Johnson County, Iowa. This property is located on the south side of Black Diamond Road SW approximately 1500 feet east of its intersection with Eagle Avenue SW in Hardin Township.

ORDINANCE 08-19-10-Z2

Zoning Application 16321

AN ORDINANCE AMENDING THE JOHNSON COUNTY UNIFIED DEVELOPMENT ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM CH – HIGHWAY COMMERCIAL AND RUA – SINGLE FAMILY RESIDENTIAL TO RUA – SINGLE FAMILY 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 CH – Highway Commercial and RUA – Single Family Residential to RUA – Single Family Residential.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Hardin Township and comprised of approximately 0.50 acres to wit:

PARCEL OF LAND DEPICTED ON THE "BOUNDARY SURVEY MADE AT THE REQUEST OF FRANK WAGNER" AS RECORDED IN PLAT BOOK 11 AT PAGE 7 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, DESCRIBED AS FOLLOW:

Lot 1 in Block 1 in the town of Windham, Johnson County, Iowa, according to the recorded plat thereof, except the West 4 feet of the North 46 feet thereof. Also the West 30 feet of that part of Ion Street abutting said Lot on the East; and also the North half of that part of Third Street abutting said Lot 1 on the South, also the West 30 feet of the North half of the intersection of Ion Street and Third Street, in the town of Windham, Johnson County, Iowa, containing 0.50 acres, subject to easements and restrictions of record.

is hereby changed from CH – Highway Commercial and RUA – Single Family Residential to RUA – Single Family 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 12, 2010, motion by Sullivan, second by Rettig, to waive the requirement of three considerations before amending an ordinance and to approve Zoning Application 16321 on first and second consideration. Roll call: aye: Harney, Neuzil, Stutsman, Sullivan, Rettig.

Motion by Rettig, second by Sullivan, to approve Zoning Application 16321 on final consideration and to approve Ordinance 08-19-10-Z2. Roll call: aye: Harney, Neuzil, Stutsman, Sullivan, Rettig.

Adjourned to Informal Meeting at 9:14 a.m.

/s/Pat Harney, Vice-Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Cynthia Courter, Recording Secretary

These minutes were sent for publication and formal approval on August 26, 2010.