Vice-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, Mike Lehman, Sally Stutsman, and Carol Thompson; absent: Terrence Neuzil.

Unless otherwise noted, all actions were taken by the following vote: Roll call: aye: Harney, Stutsman, Lehman, Thompson; absent: Neuzil.

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 Thompson, second by Harney, to approve the minutes of the formal meeting of February 12, 2004.

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

Convened Public Hearing on Conditional Use Permit at 9:02 a.m.

Application CU04001 of William E. and Joan Frees, Solon, Iowa, requesting a Conditional Use Permit to operate a sandblasting, welding, repair, and fabrication business as a "Home Business" on property described as being in the SE 1/4 of the NW 1/4 & the SW 1/4 of the NE 1/4 of Section 13, Township 80 North, Range 6 West of the 5th P.M. in Johnson County, Iowa (This parcel is located at 2672 Newport Road NE, on the south side of Newport Road NE, approximately 1,000 feet east of its intersection with Sugar Bottom Road NE in Newport Twp.).

Lehman asked if it would require a building permit to build buildings on the 8.5 acres that is zoned agricultural. Assistant Planner Dan Swartzendruber said that the business would only be located on one parcel out of the entire farm. He said that future buildings related to the conditional use permit would not require a building permit but would require review of the conditional use permit.

William Frees spoke in favor of the conditional use permit.

Whereas, the owner has filed application CU04001 for approval of a Conditional Use Permit for a Home Business for a Sandblasting, Welding, Repair, & Fabrication Business, and

Whereas, the Johnson County Board of Supervisors have reviewed said application and finds the proposed use to be consistent with the requirements of Chapter 8:1.34 of the Johnson County Zoning Ordinance.

Now, Therefore, Be It Resolved by the Board of Supervisors of Johnson County, Iowa:

1. That said Conditional Use Permit be approved subject to the condition that no major automobile repairs may be done on the site.

2. That the Chairperson be directed to sign said permit.

Motion by Harney, second by Thompson, to approve Resolution 02-19-04-Z1.

Public Hearing closed at 9:09 a.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.).

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 RS to A1 (Parcel A) and A1 to RS (Parcel B).

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Washington Township and comprised of approximately 0.72 acres to wit:

Parcel A:

A part of the Northwest Quarter of the Northeast Quarter of Section 30, Township 78 North, Range 8 West of the Fifth Principal Meridian, Johnson County, Iowa and more particularly described as follows:

Commencing at the Northwest Corner of the Northeast Quarter of Section 30, Township 78 North, Range 8 West of the Fifth Principal Meridian, Johnson County, Iowa; thence N 90°00'00" E along the North line of the Northeast Quarter of said Section 30 a distance of 681.50 feet to the point of beginning; thence continuing N 90°00'00" E along said North line a distance of 175.32 feet to the Northeast corner of a parcel of land described in book 2955, page 22 in the office of the Johnson County Recorder; thence S 00°03'31" E along the West line of said Parcel a distance of 179.35 feet to the Southeast corner of said parcel; thence S 90°00'00" W along the South line of said Parcel a distance of 175.32 feet; thence N 00°03'31" W a distance of 179.35 feet to the point of beginning containing 0.72 acres, more or less, of which 0.20 acres, more or less, appears to be existing county road right of way and all being subject to easements and restriction of record.

is hereby changed from RS to A1.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Washington Township and comprised of approximately 0.72 acres to wit:

Parcel B:

A part of the Northwest Quarter of the Northeast Quarter of Section 30, Township 78 North, Range 8 West of the Fifth Principal Meridian, Johnson County, Iowa and more particularly described as follows:

Commencing at the Northwest Corner of the Northeast Quarter of Section 30, Township 78 North, Range 8 West of the Fifth Principal Meridian, Johnson County, Iowa; thence N 90°00'00" E along the North line of the Northeast Quarter of said Section 30 a distance of 381.50 feet to the Northwest corner of a parcel of land as described in book 2955, page 22 in the office of the Johnson County Recorder; thence S 00°03'31" E along the West line of said parcel a distance of 179.35 feet to the point of beginning; thence S 00°03'31" E a distance of 104.54 feet; thence N 90°00'00" E a distance of 300.00 feet; thence N 00°03'31" W a distance of 104.54 feet to a point on the South line of said parcel; thence S 90°00'00" W along said South line a distance of 300.00 feet to the point of beginning containing 0.72 acres, more or less, and is subject to all 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 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 February 12, 2004, 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.

Motion by Thompson, second by Lehman, to approve Application Z03016 on final consideration and to approve Ordinance 02-19-04-Z1. Roll call: aye: Harney, Stutsman, Lehman, Thompson; absent: Neuzil.

Motion by Lehman, second by Harney, to set a public hearing on the FY 2005 Johnson County budget estimate on March 8, 2004 at 5:30 p.m. and authorize the Budget Coordinator to publish the budget hearing notice.

Whereas, Johnson County received a negotiated lump sum settlement with the U.S. Army Corps of Engineers in 1981 for $1,809,000 for damages to the secondary road system caused by the operation of the Coralville Reservoir; and

Whereas, the funds have accrued interest and the balance is approximately $2,700,000; and

Whereas, the Board of Supervisors in Resolution 06-04-81-2 placed the funds in a trust account until disposition was determined; and

Whereas, The Mehaffey Bridge over the Coralville Reservoir is on the Johnson County Future Projects List and needs replacement and/or refurbishment, and

Whereas, The Board of Supervisors still wishes to transfer interest proceeds to the Secondary Roads fund to offset property taxes,

Therefore, be it hereby resolved that funds from the Reservoir Roads Trust are designated for the Mehaffey Bridge project, with interest proceeds still available to the Secondary Roads Fund, and that the Auditor is authorized to transfer the balance from the Reservoir Roads Trust to the Secondary Roads Escrow.

Motion by Thompson, second by Lehman, to approve Resolution 02-19-04-T1.

Motion by Thompson, second by Lehman, to approve and authorize the Vice-Chairperson to sign the statement of Assumptions and Limiting Conditions with Cook Appraisal for 8 parcels in the County campus plan.

Motion by Thompson, second by Harney, to approve increasing the Johnson County Board of Health Regulation Governing Onsite Wastewater Treatment and Disposal Systems fees from $100.00 to $300.00 per new construction permit as recommended by the Johnson County Board of Health on January 28, 2004.

Motion by Lehman, second by Harney, to approve changing the Johnson County Board of Health Regulation Governing Onsite Wastewater Treatment and Disposal Systems fees from $50.00 per permit to $35.00 per hour for alteration permits as recommended by the Johnson County Board of Health on January 28, 2004.

Motion by Lehman, second by Harney, to cancel the Board of Supervisors’ formal and informal meetings for the week of March 14, 2004 due to Iowa State Association of Counties Spring School of Instruction and Spring Break.

Recessed to Informal meeting at 9:27 a.m.; reconvened at 11:15 a.m.

Motion by Harney, second by Thompson, to enter Executive Session at 11:15 a.m. to discuss collective bargaining strategy for Secondary Roads 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, Lehman, Thompson; absent: Neuzil.

Motion by Lehman, second by Thompson, to leave Executive Session at 11:38 a.m. Roll call: aye: Harney, Stutsman, Lehman, Thompson; absent: Neuzil.

Motion by Harney, second by Thompson, to approve the Fact-finder’s decision for the collective bargaining agreement with Public Professional and Maintenance Employees (PPME) for Secondary Roads.

Adjourned at 11:39 a.m.

/s/Sally Stutsman, Vice-Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Kate Darnold, Recording Secretary

These minutes were sent for publication and formal approval on February 26, 2004.