February 18, 1999 Formal Meeting

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

FEBRUARY 18, 1999

Chairperson Jordahl called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:05 a.m. Members present were: Charles Duffy, Jonathan Jordahl, Mike Lehman, Sally Stutsman, and Carol Thompson.

Unless otherwise noted, all actions were taken unanimously.

Motion by Duffy, second by Stutsman, to approve the claims on the Auditor's Claim Register, as approved by a majority of the Supervisors.

Motion by Stutsman, second by Thompson, to approve the minutes of the formal meeting of February 11, 1999.

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

Convened Public Hearing on FY 99 budget amendments at 9:06 a.m.

No members of the public spoke for or against the budget amendments.

Public Hearing closed at 9:15 a.m.

RESOLUTION 02-18-99-B1

AMENDING THE FISCAL YEAR 1999 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 1998-1999 County Budget; and

Whereas, the explanation of changes is as follows:

Revenues increased for:

Intergovernmental for changes in grant funding in the Department of Human Services and the Department of Public Health, reimbursement for the Local Option Sales Tax Election.

Licenses & Permits for fees in the Department of Public Health.

Revenues decreased for:

Charges for Service for fees in the Department of Public Health.

Miscellaneous revenues for donations to programs in the Department of Public Health.

Expenditures increased for:

Public Safety for phase II of the salary survey.

Court Services for juvenile detention costs in the Department of Juvenile Justice.

Physical Health & Education for phase II of salary survey, personnel and changes in grant funding in the Department of Public Health.

Social Services for phase II of salary survey, brain injured amounts changed over from the Mental Health service area, grants in the Department of Human Services

County Environment for phase II of salary survey, change in personnel hours in the Department of Planning and Zoning.

State & Local Government Services for Local Option Sales Tax Election, purchase used van in the Department of Auditor/Elections.

Expenditures decreased for:

Mental Health for change over of brain injured amounts to Social Services service area.

Interprogram Services for phase II of the salary survey.

Whereas, after consideration of all comments at said hearing the Board of Supervisors has determined that it will be necessary to amend the fiscal 1998-1999 budget; and

Whereas, the amendment does not increase taxes to be collected in the fiscal year ending June 30, 1999;

Therefore, be it resolved that the following operation revenues and expenditures of the fiscal year 1998-1999 county budget be amended:

REVENUES (by Source):

Intergovernmental increased by $222,793 to $13,366,818;

Licenses & Permits increased by $2,987 to $118,314;

Charges for Service decreased by $150 to $1,816,482;

Miscellaneous decreased by $6,187 to $1,206,243;

EXPENDITURES (by Service Area):

Public Safety increased by $22,449 to $7,068,545;

Court Services increased by $158,000 to $866,357;

Physical Health & Education increased by $47,900 to $2,741,121;

Mental Health, MR & DD decreased by $82,715 to $8,316,280;

Social Services increased by $229,325 to $3,743,047;

County Environment increased by $4,521 to $1,126,360;

State & Local Government Services increased by $81,325 to $1,402,426;

Interprogram Services decreased by $25,959 to $3,589,997;

Motion by Stutsman, second by Thompson, to approve Resolution 02-18-99-B1.

RESOLUTION 02-18-99-B2

CHANGING DEPARTMENTAL APPROPRIATIONS

Whereas, a public hearing has been held to amend the FY99 Johnson County Budget pursuant to section 331.434(6), Code of Iowa, regarding proposed changes to intergovernmental, licenses and permits, charges for service, miscellaneous revenue sources and public safety, court services, physical health and education, mental health, social services, county environment, state and local government services, and interprogram service areas of the county budget for fiscal year 1999; and

Whereas, the explanation of changes is contained in Resolution 02-18-99-B1; and

Whereas, the amendment does not increase the taxes to be collected in the fiscal year ending June 30, 1999; and

Whereas, all comments from the public have been heard;

Therefore, be it resolved that the following department appropriations are increased as follows:

DEPARTMENT EXPENDITURES (Service Area):

Dept. 01-Ambulance Department (Public Safety) increased by $1,817 to $347,526;

Dept. 02-County Attorney (Public Safety) increased by $15,020 to $240,683;

Dept. 04-Department of Public Health (Physical Health & Education) increased by $27,548 to $496,592;

Dept. 06-Human Resources (Interprogram) increased by $1,025 to $15,077;

Dept. 07-Information Services (Interprogram) increased by $2,508 to $160,122;

Dept. 17-Physical Plant (Interprogram) increased by $698 to $122,079;

Dept. 18-Central Services (Interprogram) decreased by $23,699 to $44,109;

Dept. 19 Planning and Zoning (County Environment) increased by $2,888 to $65,335;

Dept. 24-Conservation (County Environment) increased by $503 to $176,077;

Dept. 27-Juvenile Justice (Court Services) increased by $31,125 to $205,875;

Dept. 33-Auditor/Elections (State & Local Government) increased by $60,994 to $138,014;

Dept. 45-Human Services (Mental Health) decreased by $19,775 to $0;

Dept. 45-Human Services (Social Services) increase by $167,809 to $450,254;

Dept. 46-MH-DD (Mental Health) decreased by $2,711 to $2,076,013;

Dept. 53-Nutrition (Social Services) increased by $4,185 to $101,583;

DEPARTMENT REVENUES (Sources):

Dept. 04-Department of Public Health (Intergovernmental) increased by $8,383 to $1,057,791;

Dept. 04-Department of Public Health (Licenses and Permits) increased by $2,987 to $91,487;

Dept. 04-Department of Public Health (Charges for Services) decreased by $250 to $44,695;

Dept. 04-Department of Public Health (Miscellaneous) decreased by $6,412 to $3,988;

Dept. 33-Auditor/Elections (Intergovernmental) increased by $69,765 to $82,165;

Dept. 33-Auditor/Elections (Charges for Service) increased by $100 to $775;

Dept. 33-Auditor/Elections (Miscellaneous) increased by $25 to $600;

Dept. 45-Human Services (Intergovernmental) increased by $144,645 to $303,145;

Dept. 89-SIH Consortium Trust (Miscellaneous) increased by $200 to $700.

Motion by Stutsman, second by Lehman, to approve Resolution 02-18-99-B2.

Motion by Duffy, second by Stutsman, to approve and authorize the Chairperson to sign the following permits: a Renewal Application for Class C Liquor License, Application For Outdoor Service Area, and Application For Sunday Sales Privilege for Pleasant Valley Golf Course, Iowa City, as submitted by Arie Kroeze; and a Renewal Application for Class B Beer Permit, Application For Outdoor Service Area, and Application For Sunday Sales Privilege for Hi Point Golf Course Inc., Iowa City, as submitted by Scott Wood.

Application Z9831 of Gerald Milder, Iowa City, Iowa, requesting rezoning of 2 - 1.0 acres from A1 Rural to RS Suburban Residential of certain property described as being the West 1/2 of Section 17; Township 79 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of American Legion Road SE, approximately 1/2 mile east of its intersection with Taft Avenue SE in Scott Twp.)

ORDINANCE 02-18-99-Z1

Zoning Application Z9831

AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM A1 TO RS

SECTION I. PURPOSE. The purpose of this ordinance is to amend the Johnson County Zoning Ordinance by changing the classification of the real estate described in Section II hereof from A1 to RS.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Scott Township and comprised of approximately 2.00 acres to wit:

A portion of the Southwest one quarter of Section 17; Township 79 North; Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the South one-quarter corner of Section 17; Township 79 North; Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence N 00° 33' 15" E, along the East line of the West one-half of said Section 17, a distance of 239.15 feet to the centerline of American Legion Road NE; Thence N 67° 56' 00" W, along said centerline, 606.33 feet; Thence N 00° 30' 02" E, 73.12 feet to the northerly right-of-way line of American Legion Road NE and the Point of Beginning; Thence continuing N 00° 30 '02" E, 475.76 feet; Thence N 89° 29' 58" W, 130.00 feet; Thence N 00° 30' 02" E, 144.50 feet; Thence N 89° 29' 58"W, 60.70 feet; Thence S 00° 05' 42" W, 385.57 feet; Thence Southeasterly, 41.33 feet along an arc of an 80.00 foot radius curve, concave Northeasterly, whose 40.87 foot chord bears S 14° 42' 23" E; Thence S 29° 30' 27" E, 22.17 feet; Thence Southeasterly, 61.43 feet along an arc of a 120.00 foot radius curve concave Southwesterly, whose 60.76 foot chord bears S 14° 50' 29" E; Thence S 00° 10' 31" E, 58.42 feet to a point on said northerly right of way line; Thence S 67° 56' 00"E, 160.64 feet to the Point of Beginning, containing 2.00 acres and subject to easements and restrictions of record.

is hereby changed from A1 to RS .

SECTION III. DISTRICT MAPS. The portion of the District Maps maintained in accordance with Article V, Section 2 of the Johnson County Zoning 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 11, 1999, motion by Stutsman, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9831 on first and second consideration. Roll call: aye: Lehman, Stutsman, Jordahl, Thompson, Duffy.

Motion by Stutsman, second by Duffy, to approve Application Z9831 on final consideration and to approve Ordinance 02-18-99-Z1. Roll call: aye: Lehman, Stutsman, Jordahl, Thompson, Duffy.

Request to amend Ordinance 01-07-99-Z1 and Application Z9850 of Timberwood Estates signed by Larry Marak by amending the legal description of property located in the East 1/4 of Section 18; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa.

ORDINANCE 02-18-99-Z2

Zoning Application Z9850

AMENDING ORDINANCE BY CHANGING THE LEGAL DESCRIPTION OF REAL ESTATE

SECTION I. PURPOSE. The purpose of this ordinance is to amend the Ordinance by changing the legal description of the real estate described in Section II therein.

SECTION II. DELETION AND INSERTION. In ordinance the following legal description is deleted:

Commencing At The East One Quarter Corner Of Section 18, Township 81 North, Range 7 West Of The Fifth Principal Meridian, Johnson County, Iowa; Thence N88° 06'00"W Along The North Line Of Lot 4 Of Timberwood Estates As Recorded In Book 1316 At Page 301 In The Office Of The Johnson County Recorder, 326.77 Feet To The Point Of Beginning; Thence S33° 39'28"E, 273.16 Feet; Thence S33° 57'14"W, 804.18 Feet; Thence N00° 17'07"W, 900.00 Feet; Thence N89° 42'53"E, 241.82 Feet; Thence S87° 21'51"E, 5360 Feet; Thence S26° 54'20"E, 4.84 Feet To Said Point Of Beginning, Containing 5.48 Acres.

And the following legal description is substituted in its place:

Commencing At The East One Quarter Corner Of Section 18, Township 81 North, Range 7 West Of The Fifth Principal Meridian, Johnson County, Iowa; Thence N88°06'00"W Along The North Line Of Lot 4 Of Timberwood Estates As Recorded In Book 1316 At Page 301 In The Office Of The Johnson County Recorder, 326.77 Feet To The Point Of Beginning; Thence S33°39'28"E, 273.16 Feet; Thence S33°57'14"W, 804.18 Feet; Thence N00°17'07"W, 900.00 Feet; Thence N89°42'53"E, 245.82 Feet; Thence S87°21'51"E, 5360 Feet; Thence S26°54'20"E, 4.84 Feet To Said Point Of Beginning, Containing 5.48 Acres.

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 February 11, 1999, motion by Stutsman, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve the request to amend the legal description of Ordinance 01-07-99-Z1 and Application Z9850 on first and second consideration. Roll call: aye: Lehman, Stutsman, Jordahl, Thompson, Duffy.

Motion by Stutsman, second by Lehman, to approve the request to amend the legal description of Ordinance 01-07-99-Z1 and Application Z9850 on final consideration and to approve Ordinance 02-18-99-Z2. Roll call: aye: Lehman, Stutsman, Jordahl, Thompson, Duffy.

Application Z9858 of William Sedlacek, Iowa City, Iowa and Kim Allen, Brighton, IA, requesting rezoning of 3.25 acres from R1A Urban Residential to A1 Rural of certain property described as being part of Lots 1, 2, 3 and 4 of Block 13 and Lots 10, 11, and 12 of Block 12 of the unincorporated town of Morse located in Section 9; Township 80 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located adjacent and south (behind) of 2536 Putnam Street NE, Iowa City, Iowa, in Graham Twp.)

ORDINANCE 02-18-99-Z3

Zoning Application Z9858

AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM R1A TO A1

SECTION I. PURPOSE. The purpose of this ordinance is to amend the Johnson County Zoning Ordinance by changing the classification of the real estate described in Section II hereof from R1A to A1.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Graham Township and comprised of approximately 3.25 acres to wit:

All portions of the following property not currently zoned as agricultural: Beginning at the southwest corner of Lot 9 in Block 12, Plat of Morse, Johnson County, Iowa, as recorded in Deed Book 31, Page 422, records of Johnson County, Iowa, thence N 56 degrees 30¢ 00" E along the south line of said Lot 9, a distance of 140.00 feet to the westerly line of an alley; thence N 33 degrees 00' 06" W, 24.00 feet; thence N 56 degrees 30' 00" E. 20.00 feet to the easterly line of said alley; thence N 33 degrees 00' 06" W, 36.00 feet to the southwest corner of Lot 7 of said Plat of Morse; thence N 56 degrees 30' 00" E along the south line of said Lot 7, a distance of 70.00 feet; thence N 33 degrees 00' 06" W, 60.00 feet to the south Right-of-Way line of Morse Road, (formerly called 3rd Street in said plat of Morse); thence N 56 degrees 30' 00" E along said Right-of-Way line 70.00 feet to the northeast corner of Lot 7 of said Plat of Morse, said corner being on the easterly boundary of said plat; thence N 33 degrees 00' 06" W, 22.39 feet to the south Right-of-Way line of county road F8W (Morse Road); thence northeasterly along the said south Right-of-Way line of Morse Road 73.10 feet along the arc of a 976.44 foot radius curve to the northwest, whose 73.08 foot chord bears N 46 degrees 13' 14" E; thence continuing along said Right-of-Way N 42 degrees 49' 05" E, 276.52 feet to a point where a fence running north-south intersects the said south Right-of-Way line. Thence S 00 degrees 05' 53" E along said fence line 321.65 feet; thence S 52 degrees 36' 14" W, 203.98 feet; thence S 32 degrees 08' 59" W, 529.12 feet to the westerly line of Lot 1 of Block 13 of the Plat of Morse; thence along said line N 33 degrees 11' 43' W, 219.72 feet to the northwest corner of Lot 4 of the Plat of Morse; thence along the north line of said Lot N 56 degrees 30' 00" E, 179.12 feet; thence N 33 degrees 00' 06" West, 60.00 feet; thence N 56 degrees 30' 00" E, 40.00 feet to the Point of Beginning. Said parcel contains 3.25 acres, and is subject to easements and restrictions of record.

is hereby changed from R1A to A1.

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 February 11, 1999 motion by Duffy, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9858 on first and second consideration. Roll call: aye: Lehman, Stutsman, Jordahl, Thompson, Duffy.

Motion by Duffy, second by Thompson, to approve Application Z9858 on final consideration and to approve Ordinance 02-18-99-Z3. Roll call: aye: Lehman, Stutsman, Jordahl, Thompson, Duffy.

Application Z9859 of William Reindl, Oxford, Iowa, requesting rezoning of 1.0 acres from A1 Rural to RS Suburban Residential of certain property described as being in the NW 1/4 of the NW 1/4 of Section 21; Township 80 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This property is located on the west side of Iowa Highway 109 (AKA Augusta Avenue NW) approximately 1/4 of a mile north of Oxford, Iowa, in Oxford Twp.)

ORDINANCE 02-18-99-Z4

Zoning Application Z9859

AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM A1 TO RS

SECTION I. PURPOSE. The purpose of this ordinance is to amend the Johnson County Zoning Ordinance by changing the classification of the real estate described in Section II hereof from A1 to RS.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Oxford Township and comprised of approximately 1.0 acres to wit:

Commencing at the North 1/4 corner of Section 21; Township 80 North; Range 8 West of the 5th P.M., Johnson County, Iowa; thence S 89° 23' 09" W, along the north line of the Northwest 1/4 of said Section 21, a distance of 1851.99 feet to a point on the westerly Right-of-Way line of State Highway No. 109 (AKA Augusta Avenue NW); thence S 00° 18' 37" W, along said westerly Right-of-Way line, 152.04 feet to the Point of Beginning; thence continuing S 00° 18' 37" W, along said westerly Right-of-Way line, 127.91 feet; thence N 83° 26' 53" W, 220.67 feet; thence N 89° 15' 50" W, 179.98 feet; thence N 00° 03' 35" W, 100.00 feet; thence N 89° 56' 25" E, 400.00 feet to the Point of Beginning, containing 1.00 acres and subject to easements and restrictions of record.

is hereby changed from A1 to RS.

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 February 11, 1999, motion by Duffy, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9859 on first and second consideration. Roll call: aye: Lehman, Stutsman, Jordahl, Thompson, Duffy.

Motion by Stutsman, second by Duffy, to approve Application Z9859 on final consideration and to approve Ordinance 02-18-99-Z4. Roll call: aye: Lehman, Stutsman, Jordahl, Thompson, Duffy.

Application Z9860 of Doug & Doreen Kidd, Tiffin, Iowa, requesting rezoning of 1.99 acres from A1 Rural to RS Suburban Residential of certain property described as being Lot 2 of Westside Pines Subdivision, located in the SW 1/4 of Section 19; Township 80 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of Highway #6 NW, approximately 1.5 miles west of Tiffin, Iowa in Clear Creek Twp.)

ORDINANCE 02-18-99-Z5

Zoning Application Z9860

AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM A1 TO RS

SECTION I. PURPOSE. The purpose of this ordinance is to amend the Johnson County Zoning Ordinance by changing the classification of the real estate described in Section II hereof from A1 to RS.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Clear Creek Township and comprised of approximately 1.99 acres to wit:

Commencing at the Northwest Corner of Lot 2 of Westside Pines Subdivision to Johnson County, Iowa, as recorded in Plat Book 32 at Page 45, records of Johnson County, Iowa; thence South 89° 52' 58" E, along the northerly line of said Lot 2, a distance of 560.24 feet; thence South 00° 07¢ 02" W, 274.30 feet to the Point of Beginning; thence South 89° 52¢ 58" E, 240.00 feet; thence South 00° 07¢ 02" W, 361.19 feet; thence North 89° 52¢ 58" W, 240.00 feet; thence North 00° 07¢ 02" E, 361.19 feet to the Point of Beginning, containing 1.99 acres and is subject to easements and restrictions of record.

is hereby changed from A1 to RS.

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 February 11, 1999, motion by Duffy, second by Thompson, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9860 on first and second consideration. Roll call: aye: Lehman, Stutsman, Jordahl, Thompson, Duffy.

Motion by Lehman, second by Stutsman, to approve Application Z9860 on final consideration and to approve Ordinance 02-18-99-Z5. Roll call: aye: Lehman, Stutsman, Jordahl, Thompson, Duffy.

Motion by Lehman, second by Thompson, to approve the General Assistance Policy Amendment continue studying a 4th month of rent assistance and to increase burial expenses to $1,500.

Motion by Duffy, second by Stutsman, to approve and authorize the Chairperson to sign the Memorandum of Understanding between East Central Iowa Council of Governments and Johnson County regarding transfer of SEATS vehicles.

Motion by Stutsman, second by Duffy, to approve and authorize the Chairperson to sign a letter of support for the 21st Century Schools Grant.

Motion by Lehman, second by Stutsman, to authorize the Auditor to apply for the Grant for Local Government Start-up GIS software from Environmental Systems Research Institute, Inc. in the amount of $27,000; subject to receiving the grant, the Auditor's Office will complete a pilot project to be reviewed by the Board of Supervisors and the GIS Committee; the Auditor is to work closely with GIS Committee and coordinate activities with the planned GIS Needs Assessment Study.

Adjourned to informal meeting of February 16 and 18, 1999 at 10:05 a.m.

/s/Jonathan Jordahl, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Casie Parkins, Recording Secretary

These minutes were sent for publication and formal approval on February 25, 1999.