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, Mike Lehman, Terrence Neuzil, Sally Stutsman, and Carol Thompson.

Unless otherwise noted, all actions were taken unanimously.

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

Motion by Thompson, second by Stutsman, to approve the minutes of the formal meeting of January 8, 2004.

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

Motion by Harney, second by Stutsman, to place on file the Clerk’s Report of Fees Collected for the month of December, 2002, in the amount of $7.671.34, as submitted by Clerk of District Court Lodema Berkley.

Application Z03015 of Patsy Ciha & Dennis Byrnes, Atalissa, IA., requesting rezoning of 0.21 acres from A1-Rural District to RS-Suburban Residential District and rezoning of 0.17 acres from RS-Suburban Residential District to A1-Rural District of certain property described as being in the NE 1/4, of the NE 1/4 of Section 35 and the NW 1/4, of the NW 1/4 of Section 36, Township 81 North, Range 6 West of the 5th P.M. in Johnson County, Iowa. (This property is located on the south side of Jordan Creek Road NE at its intersection with Racine Avenue NE in Big Grove Twp.).

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 and RS to A1

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Big Grove Township and comprised of approximately 0.21 acres to wit:

A portion of the NE 1/4 NE 1/4, Section 35 and the NW 1/4 NW 1/4, Section 36, both in T. 81 N., R. 6 W., of the 5th P.M., Johnson County, Iowa described as follows: Commencing at the common north section corner between said Sections 35 and 36 as marked by a found WPA monument as recorded in Plat Book 35 - Page 103; thence S 00˚ 15'10" E - 693.00 feet along the common line between said Sections to the NW corner of Auditor's Parcel 2003143, which is the Point of Beginning; thence N 89˚44'50" E - 49.50 feet to the NE corner of said Auditor's Parcel; thence S 00˚15'10" E - 50.13 feet to the SE corner of said Auditor's Parcel; thence S 89˚44'50" W - 181.50 feet along the south line of said Auditor's Parcel and the south line of deed parcel recorded in Book 3091 - Page 267 to the SW corner thereof; thence N 00˚15'10" W - 50.13 feet to the NW corner of said deed parcel; thence N 89˚44'50" E - 132.00 feet along the north line of said deed parcel to the Point of Beginning; Said RS Parcel contains 0.21 acre.

is hereby changed from A1 to RS.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Big Grove Township and comprised of approximately 0.17 acres to wit:

A portion of the NE 1/4 NE 1/4, Section 35, T. 81 N., R. 6 W., of the 5th P.M., Johnson County, Iowa described as follows: Commencing at the NE corner of said Section 35 as marked by a found WPA monument as recorded in Plat Book 35 - Page 103; thence S 00˚ 15'10" E - 528.00 feet along the east line of said Section 35 to the NE corner of the deed parcel recorded in Book 3003 - Page 269, which is the Point of Beginning; thence S 45˚ 00'00" W - 94.18 feet; thence S 89˚44'50" W - 65.11 feet to the west line of said deed parcel; thence N 00˚15'10" W - 66.30 feet along said west line to the NW corner thereof; thence N 89˚44'50" E - 132.00 feet along the north line of said deed parcel to the Point of Beginning. Said A1 parcel contains 0.15 acre.

and also

That portion of the Public road ROW Easement lying within the deed parcel recorded in Book 3003 - Page 267 described as follows: A portion of the NW 1/4 NW 1/4, Section 36, T. 81 N., R. 06 W., of the 5th P.M., Johnson County, Iowa; Commencing at the NW corner of said Section 36 as marked by a found WPA monument as recorded in Plat Book 35 - Page 103; thence S 00˚15'10" E - 255.75 feet along the west line of said Section 36 to the NW corner of said deed parcel; thence N 89˚44'50" E - 8.16 feet along the north line of said deed parcel to the Point of Beginning; thence N 89˚44'50" E - 41.34 feet along said north line of the NE corner of said deed parcel; thence S 00˚15'10" E - 36.49 feet along the east line of said deed parcel to said ROW line; thence N 48˚48'47" W - 55.14 feet along said ROW line to the Point of Beginning. Said A1 Parcel contains 0.02 acre.

is hereby changed from RS to A1.

SECTION III. DISTRICT MAPS. The portion of the District Maps maintained in accordance with Chapter 8:1.5.2 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 January 8, 2004, motion by Stutsman, second by Lehman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z03015 on first and second consideration. Roll call: aye: Harney, Stutsman, Neuzil, Lehman, Thompson.

Motion by Thompson, second by Stutsman, to approve Application Z03015 on final consideration and to approve Ordinance 01-15-04-Z1. Roll call: aye: Harney, Stutsman, Neuzil, Lehman, Thompson.

Whereas, the Johnson County Planning and Zoning Commission, following a public hearing, on January 12, 2004, filed its report and recommendations for certain actions;

Now, Therefore, Be It Resolved as follows:

1. A public hearing in accordance with Section 335.6 of the Iowa Code is set for the 12th day of February, 2004 at 6:00 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following: Z03016 (Belin & MFL Trust c/o Miller), S03049 (Meade), and S03052 (Bernacki & Power).

2. That the Johnson County Auditor be authorized to publish the official notice of the above public hearing.

Motion by Stutsman, second by Thompson, to approve Resolution 01-15-04-Z1.

Reconvened Public Hearing of January 8, 2004 on Platting Application S03045 at 9:05 a.m.

No one from the public was present to speak.

Public Hearing closed at 9:06 a.m.

Application S03045 of Patsy Ciha and Dennis Brynes, Atalissa, Iowa, requesting preliminary and final plat approval of Ciha-Byrnes Addition, a subdivision described as being located in the NE 1/4, of the NE 1/4 of Section 35 & the NW 1/4, of the NW 1/4 of Section 36, Township 81 North, Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 2-Lot, 2.34 acre, Residential Subdivision [1 Residential Lot & 1 Outlot] located on the south side of Jordan Creek Road NE at its intersection with Racine Avenue NE in Big Grove Twp.).

Whereas, the owner has filed application S03045 for approval of a final plat of Ciha-Brynes Addition, 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.

This Resolution requires the recording of the following documents: A. Resolution & Documents: City Council Approval-Solon; Owners Certificate; Title Opinion; Treasurer’s Certificate; Subdividers Agreement; Fence Agreement; Mortgagees Consent to Platting; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5)

Motion by Harney, second by Thompson, to approve Resolution 01-15-04-Z2.

Whereas, in fiscal year 2004 Johnson County and other counties in Iowa received a shortfall in credit and replacement funding from the Iowa Legislature after county budgets had been set; and

Whereas, the state has an obligation to fund these credits and replacements as long as they are in existence; and

Whereas, the uncertainty over funding levels of property tax credits and replacements makes budget planning difficult;

Therefore, be it hereby resolved that Johnson County requests that the Iowa Legislature meet its obligation to fund property tax credits and replacements to local governments.

Motion by Stutsman, second by Thompson, to approve Resolution 01-15-04-C1.

Motion by Stutsman, second by Harney, to set the public hearing for amendments to the FY 2004 budget for February 5, 2004 at 9:00 a.m. and authorize the Budget Coordinator to publish.

Motion by Harney, second by Stutsman, to approve and authorize the Chairperson to sign a contract and contractor’s bond with Iowa Bridge & Culvert, L.C. for Johnson County projects BRS-C052(61)--60-52 and BRS-C052(62)--60-52 (Twin Reinforced Concrete Box Culvert on IWV Road over the North Branch of Old Man’s Creek in Section 14-79-8 and a continuous concrete slab bridge on IWV Road over the North Branch of Old Man’s Creek in Section 15-79-8) for $581,122.54.

Motion by Stutsman, second by Lehman, to approve the Mental Health/Developmental Disabilities Targeted Case Management Policy and Procedure Manual.

Motion by Stutsman, second by Lehman, to approve and authorize the Chairperson to sign the Johnson County Capital Improvement Plan for FY 2005.

Motion by Harney, second by Stutsman, to approve and authorize the Chairperson to sign the Johnson County 2003-2006 Strategic Plan.

The public hearings on the proposal to consider funding and authorize acquisition of right-of-way for a proposed Grading and Paving Project on Sand Road, and for the proposal to consider funding and authorize acquisition of right-of-way for a proposed Grading and Pavement Rehabilitation Project on Wapsi Avenue SE were postponed. People who were present for the public hearings were afforded the opportunity to speak.

Jean Bartley, attorney representing the estate of Raymond Mavis, and Mary Reese spoke regarding the Sand Road proposal.

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

/s/Terrence Neuzil, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Casie Kadlec, Recording Secretary

These minutes were sent for publication on January 22, 2004 and formal approval on January 29, 2004.