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

FEBRUARY 12, 2004

Chairperson Neuzil called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 5:30 p.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 Lehman, second by Thompson, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors.

Motion by Stutsman, second by Harney, to approve the minutes of the formal meeting of February 5, 2004.

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

Motion by Thompson, second by Stutsman, to place on file the Clerk’s Report of Fees Collected for the month of January, 2004, in the amount of $7,732.41, as submitted by Clerk of District Court Lodema Berkley.

Motion by Stutsman, second by Harney, to approve the Mental Health/Developmental Disabilities Case Manager job description.

RESOLUTION 02-12-04-Z1

Whereas, the Johnson County Planning and Zoning Commission, following a public hearing, on February 9, 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 11th day of March, 2004 at 6:00 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following: Z04001 (Benda & Voparil), S03048 (Madden & Meade), S03055 (Braverman), S04006 (Rohret & Johnson County Secondary Road Dept), and An amendment to the Johnson County Land Use Plan to replace existing reference to the Johnson County Land Use Policies (General Development Policies; Economic Development) and Johnson County Land Use Strategies (Economic Development) with an addendum entitled "Economic and Community Development Plan for Unincorporated Areas of Johnson County, Iowa".

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 02-12-04-Z1.

Recessed at 5:36 p.m.; reconvened at 5:50 p.m.; recessed at 5:54 p.m.; reconvened as a Public Hearing on Zoning and Platting applications at 6:14 p.m.

Application Z03016 of Mike Belin, Wellman, Iowa, and MFL Trust c/o James Miller, Kalona, Iowa, signed by Doug Frederick of Hart-Frederick Consultants requesting rezoning of 0.72 acres from RS-Suburban Residential District to A1-Rural District (Parcel A) and 0.72 acres from A1-Rural District to RS-Suburban Residential District (Parcel B) of certain property described as being in the NW Corner of the NE 1/4 of Section 30, Township 78 North, Range 8 West of the 5th P.M. in Johnson County, Iowa (This property is located at 1129 540th Street SW on the south side of 540th Street SW, approximately 1/4 mile west of its intersection with Black Hawk Avenue SW in Washington Twp.).

Motion by Stutsman, second by Lehman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z03016 on first and second consideration. Roll call: aye: Harney, Stutsman, Neuzil, Lehman, Thompson.

Application S03049 of Donald J. and Shirley Meade, Parnell, Iowa, signed by Scott Ritter of Hart-Frederick Consultants requesting preliminary and final plat approval of Frienddale Subdivision, a subdivision described as being located in the W 1/2, of the NE 1/4 of Section 31, Township 79 North, Range 8 West of the 5th P.M. in Johnson County, Iowa (This is a 1-Lot, 10.26 acre, Farmstead Split, located on the north side of Black Diamond Road SW, approximately 1/2 mile east of its intersection with Iowa-Johnson Road SW in Hardin Twp.).

Harney asked about the driveways. Scott Ritter of Hart-Frederick Consultants said that there is a ditch running between the 2 driveways, which creates the need for the 2 drives, but alleviates the need for a bridge. Donald Meade spoke for the application. Stutsman expressed concern over the 10 acre farmstead split.

RESOLUTION 02-12-04-Z2

RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF FRIENDDALE SUBDIVISION, A FARMSTEAD SPLIT, JOHNSON COUNTY, IOWA

Whereas, the owner has filed application S03049 for approval of a final plat of Frienddale Subdivision, a Farmstead Split, 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: Right-of-Way Acquisition Easement; Certificate of Owner; Agreement (Easement for Public Highway); Title Opinion; Right-of-Way Acquisition Plat; Certificate of Treasurer; Subdivider’s Agreement; Covenant Concerning Fences; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5); C. Acquisition Plat (6)

Motion by Harney, second by Thompson, to approve Resolution 02-12-04-Z2.

Application S03052 of Dan Bernacki (developer and owner of Lots 2 and 4), North Liberty, Iowa, and Daniel W. Power (owner of Lot 3), North Liberty, Iowa, signed by Doug Frederick of Hart-Frederick Consultants requesting preliminary and final plat approval of Corridor Industrial Park, Part Two (A Resubdivision of Lots 2, 3, and 4 of Corridor Industrial Park and Auditor’s Parcel 200106 created by Boundary Line Adjustment #B2000021 of Lots 4 & 5 of Corridor Industrial Park), a subdivision described as being located SW 1/4 of the SE 1/4 of Section 22 and the NW 1/4 of the NE 1/4 of Section 27, Township 81 North, Range 7 West of the 5th P.M., in Johnson County, Iowa (This is a 3-Lot, 7.15 acre, Industrial Subdivision located on the east side of Highway #965 NW, approximately 1/4 mile north of the I-380 Overpass in Madison Twp.).

Scott Ritter of Hart-Frederick Consultants was present to answer questions.

RESOLUTION 02-13-04-Z3

RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF CORRIDOR INDUSTRIAL PARK PART TWO, A RESUBDIVISION OF LOTS 2, 3, & 4 OF CORRIDOR INDUSTRIAL PARK AND AUDITOR’S PARCEL 200106, JOHNSON COUNTY, IOWA.

Whereas, the owner has filed application S03052 for approval of a final plat of Corridor Industrial Park Part Two, a Resubdivision of Lots 2, 3, & 4 of Corridor Industrial Park & Auditor’s Parcel 200106, 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: Owner’s Certificate; Title Opinion; Certificate of Treasurer; Subdivider’s Agreement; Contract Holder’s Consent to Plat; Consent to Platting by Mortgage Holder-Wells Fargo; Consent to Platting by Mortgage Holder-US Bank; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5)

Motion by Thompson, second by Stutsman, to approve Resolution 02-12-04-Z3.

Public Hearing closed at 6:30 p.m.

Motion by Stutsman, second by Thompson, to enter Executive Session at 6:32 p.m. to discuss collective bargaining strategy for the Sheriff’s Department and the Administrative Unit under section 20.17(3), Code of Iowa: "negotiating sessions, strategy meetings of public employees… shall be exempt from the provisions of chapter 21 (Official Meetings Open to the Public)." Roll call: aye: Harney, Stutsman, Neuzil, Lehman, Thompson.

Recessed at 6:35 p.m.; reconvened at 6:40 p.m.

Motion by Thompson, second by Stutsman, to leave Executive Session at 7:14 p.m. Roll call: aye: Harney, Stutsman, Neuzil, Lehman, Thompson.

Motion by Thompson, second by Lehman, to accept the Fact-finder’s decision with the exception of wages for the collective bargaining agreement with Public Professional and Maintenance Employees (PPME) for the Sheriff’s Office. Roll call: aye: Stutsman, Neuzil, Lehman, Thompson; nay: Harney.

Motion by Stutsman, second by Thompson, to accept the Fact-finder’s decision for the collective bargaining agreement with Public Professional and Maintenance Employees (PPME) for the Administrative Unit.

Adjourned at 7:15 p.m.

/s/Terrence Neuzil, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Casie Kadlec, Recording Secretary

These minutes were sent for publication and formal approval on February 19, 2004.