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, and Carol Thompson; absent: Sally Stutsman.

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

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

Motion by Thompson, second by Lehman, to approve the minutes of the formal meetings of March 4, 2004 and March 8, 2004.

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

Motion by Lehman, second by Harney, to approve and authorize the Chairperson to sign a Renewal Application for Class B Beer Permit , Application For Outdoor Service Area, and Application For Sunday Sales Privilege for Hi Point Golf Course, Iowa City, as submitted by Scott Wood.

Motion by Lehman, second by Thompson, to place on file the Clerk’s Report of Fees Collected for the month of February, 2004, in the amount of $10,404.64, as submitted by Clerk of District Court Lodema Berkley.

Whereas, the Board of Supervisors conducted a public hearing on March 8, 2004 whereupon the proposed fiscal year 2004-2005 county budget was presented to the citizens of Johnson County; and

Whereas, the citizens of Johnson County were invited to comment on the proposed fiscal year 2004-2005 county budget, as duly published in the official publications of Johnson County; and

Whereas, the Board of Supervisors appreciates the attendance at the public hearings and the comments from citizens who spoke at the public hearings, and encourages all citizens to be informed and participate in county government; and

Whereas, the Board of Supervisors has carefully taken into consideration the opinions expressed at the public hearing.

Therefore, be it resolved that the fiscal year 2004-2005 county budget and certificate of taxes is adopted as per the Proposed Johnson County Budget Summary for fiscal year 2004-2005

Motion by Thompson, second by Harney, to approve Resolution 03-11-04-B1.

Motion by Lehman, second by Harney, scheduling a special meeting on March 16, 2004 at 9:00 a.m.

Motion by Harney, second by Thompson, authorizing the Auditor to publish a Notice to Bidders setting a bid letting date of April 6, 2004 at 10:00 a.m. for the 2004 Johnson County Dust Control Safety Program (calcium chloride application to portions of Johnson County rock surfaced roads).

Whereas, mental retardation is a condition which affects more than seven million Americans and their families; and

Whereas, public awareness and education enhance a community’s understanding of the issues affecting people with mental retardation; and

Whereas, people with mental retardation can be vital and vibrant members of our communities, improving the quality of life for all of us; and

Whereas, the month of March has been designated National Mental Retardation Awareness Month, with more than 100,000 members and 900 chapters of The Arc undertaking public awareness, educational, and fundraising initiatives; and

Whereas, The Arc of the United States is the nation’s leading volunteer-based organization advocating for and with people with mental retardation and related developmental disabilities and their families; and

Now, Therefore, I, Terrence Neuzil, Chairperson of Johnson County Board of Supervisor’s do hereby proclaim March, 2004, as

in Johnson County, Iowa and urge that the citizens of Johnson County, Iowa give full support of their efforts towards enabling people with mental retardation to live full and productive lives of inclusion in our communities.

Motion by Thompson, second by Harney, to approve Proclamation 03-11-04-01.

Whereas the Johnson County Planning and Zoning Commission, following a public hearing, on March 8, 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 8th day of April, 2004 at 5:30 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following: Z04002 (Byrnes), Z04003 (Twin County Dairy, Inc., c/o Roetlin), S03038 (Chadima & Dyal), S04002 (Bulechek), S04008 (Grabin), S04011 (Full Moon Farms, LLC, c/o Winn) and S04012 (Clemsen & Kromminga).

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

Motion by Lehman, second by Harney, to approve Resolution 03-11-04-Z1.

Recessed at 5:47 p.m.; reconvened as a Public Hearing on Zoning and Platting applications and amendment to the Land Use Plan at 6:05 p.m. with Stutsman joining by telephone.

Application Z04001 of M. Eugene Benda (applicant), Tipton, Iowa, and Richard and Dorothy Voparil (owners), Solon, Iowa, requesting rezoning of 1.99 acres from A1-Rural District to RS-Suburban Residential District of certain property described as being in the SW 1/4 of the NE 1/4 of Section 2, Township 80 North, Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located on the south side of Morse Road NE at its intersection with White Oak Avenue NE in Graham Twp.).

M. Eugene Benda, Curtis Voparil, Sharon Voparil, Richard Long, Charlie Duffy, and Richard Voparil spoke in favor of the application. John Wall spoke against the application.

Lehman asked if Voparil has ever had anyone else approach him for purchasing the property. Curtis Voparil said no and the property hasn’t been used for a number of years. Harney asked if there’s additional adjoining property to this lot. C. Voparil replied that this lot is adjoining 100 acres. Lehman said that although Father Benda would be a good neighbor, there’s no guarantee the next person will be. Assistant Planning and Zoning Administrator R.J. Moore explained that by rezoning a piece of property, the Board is saying that is the preferred land use of that property. He said that once the Board sets precedence, they will be required to approve another applicant in that area as well. Lehman said that agricultural use of land changes over time and he realizes that the land is not good for crops, but it could still be used for agriculture through livestock. He said that there are no housing developments in a half-mile radius and there is no residential zoned land in the area. Lehman said that although there would be minimal impact on the land, he questions the impact on the neighborhood. Lehman said that the Board must consider the site in relation to the surrounding area’s use and not the individual applying. Thompson agreed and said that that she’s concerned because of the conflicting land use, which can cause conflicts and complaints in the future. Thompson said that in the Board’s experience, they realized that spot zonings create problems and should not continue to rezone these areas. Harney said that this is a difficult decision for him because of who Father Benda is and there is not a better place to build a house in the area than where he is asking to build. He said that he’s spoken with many residents who would like to have Father Benda in the area but are concerned with setting a precedence. Harney said that the Board has required others in similar situations to use their farmstead splits, so to be fair the Board must also require it in this situation. Lehman said that the County has zoning regulation to protect residents from their neighbors and the neighbors from the residents so it is a 2 way street. Lehman said that there are criteria in this rezoning he’s in favor of, but not enough to support the application. Neuzil said that he is not in support of the rezoning based on common sense, consistency, and fairness.

Motion by Lehman, second by Thompson, to deny application Z04001. Roll call: aye: Harney, Stutsman, Neuzil, Lehman, Thompson.

Application S03048 of Kirk Madden (subdivider), Tiffin, Iowa, and Loren Meade (owner) requesting preliminary and final plat approval of Madden Farmstead Subdivision, a subdivision described as being located in the NE 1/4 of Section 34, Township 79 North, Range 8 West of the 5th P.M. in Johnson County, Iowa (This is a 1-Lot, 5.72 acre, Farmstead Split located on the north side of Black Diamond Road SW, approximately 1/4 mile west of its intersection with Orval Yoder Turnpike SW in Hardin Twp.).

Harney asked if there is a width requirement on the driveway. Assistant Planner Dan Swartzendruber replied that the current width would fit the requirements.

Whereas, the owner has filed application S03048 for approval of a final plat of Madden Farmstead 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: Easement for Public Highway; Owner’s Certificate & Statement of Consent; Right-of-Way Acquisition Plat; Title Opinion; Certificate of County Treasurer; Subdividers Agreement; Fence Agreement; Consent of Mortgagee to Subdivision; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5); C. Acquisition Plat (6)

Motion by Harney, second by Lehman, to approve Resolution 03-11-04-Z2. Roll call: aye: Harney, Stutsman, Neuzil, Lehman, Thompson.

Application S03055 of Cordell Braverman (subdivider), Iowa City, Iowa, and A. Kent Braverman (owner), Iowa City, Iowa, signed by Cordell Braverman requesting preliminary and final plat approval of KCJJ Subdivision, a subdivision described as being located in the SW 1/4 of the SW 1/4 of Section 36, Township 79 North, Range 6 West of the 5th P.M., in Johnson County, Iowa (This is a 1-Lot, 9.80 acre, Utility Subdivision located on the north side of Napoleon Street SE, approximately 1 mile east of its intersection with Sand Road SE in East Lucas-South Twp.).

Steve Soboroff spoke in favor of the application.

Whereas, the owner has filed application S03055 for approval of a final plat of KCJJ Subdivision, 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: Access Easement; Certificate of Owner; Title Opinion; Certificate of Treasurer; Subdivider’s Agreement; Covenant Concerning Fences; Resolution Affirming the Stability of the Current Road System-Cordell Braverman; Resolution Affirming the Stability of the Current Road System-A. Kent Braverman; B. Subdivision Plat (5)

Motion by Harney, second by Thompson, to approve Resolution 03-11-04-Z3. Roll call: aye: Harney, Stutsman, Lehman, Thompson; abstain: Neuzil.

Application S04006 of James F. and Patricia A. Rohret (owners/subdividers), Oxford, Iowa and Johnson County Secondary Road Department, c/o Michael Gardner (subdivider), signed by James F. Rohret, requesting preliminary and final plat approval of Rohret’s Seventh Addition (A Resubdivision of Lot 1 and Lot 2 of Rohret’s Sixth Addition), a subdivision described as being located in the NW 1/4 of the NE 1/4 of Section 23, Township 79 North, Range 8 West of the 5th P.M. in Johnson County, Iowa (This is a 3-Lot, 3.22 acre, Residential Subdivision located on the south side of 400th Street SW, approximately 1/4 mile west of Cosgrove Road SW in Hardin Twp.).

Assistant County Attorney Andy Chappell and Ralph Neuzil were present to answer questions.

Whereas, the owner has filed application S04006 for approval of a final plat of Rohret’s Seventh Addition, (A Resubdivision of Lot 1 & Lot 2 of Rohret’s Sixth 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.

3. This Resolution requires the recording of the following documents: A. Resolution & Documents: Certificate of Owner & Spouse; Title Opinion; Certificate of Treasurer; Subdivider’s Agreement; Covenant Concerning Fence Line Agreements; Consent to Platting by Mortgage Holder; Protective and Restrictive Covenants; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5)

Motion by Lehman, second by Thompson, to approve Resolution 03-11-04-Z4. Roll call: aye: Harney, Stutsman, Lehman, Thompson; abstain: Neuzil.

Recessed at 7:09 p.m.; reconvened at 7:17 p.m. with Stutsman absent.

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".

Assistant Planner Dan Swartzendruber presented the proposed changes to the Land Use Plan regarding economic development and the suggested revisions made by the Planning and Zoning Commission. Budget Coordinator Jeff Horne and Iowa City Area Development Director Joe Raso spoke in favor of the proposed amendments to the Land Use Plan.

Thompson said that she doesn’t believe the Board needs a plan for community development efforts, but it should be a Board policy to support those types of efforts. Neuzil said that this plan will be in the Land Use Plan, so projects like the Englert really don’t belong as part of this plan, but could be addressed in areas like the Finance Committee. Lehman said that next year the County will benefit from 16% of Iowa City’s tax base, so the communities in Johnson County have to support each other and community organizations. He asked how progressive the Board wants to be in encouraging and providing an environment for economic development. He asked if the Board wants to regulate guidelines or provide funding improvements for economic development. He asked if the Board wants criteria to base decisions on or if this plan is a springboard to start putting dollars into projects. Thompson said that as the Board looks at their Road Use Plan in the future, they should consider the areas outlined in the plan. Lehman said that the Board may want to prioritize these areas for the available funding. Horne said that infrastructure was a factor in the areas that were chosen in the plan.

Attorney John Beasley spoke against the economic development plan. Thompson said that when the Board first considered the plan, they believed the Kalona Cheese Factory area would be a good place to include in the plan because there is already commercial development, but the Road Study showed the Board that the road is inadequate for development. Thompson said that they did not include that road in the 5 Year Road Plan, so the Board should not encourage development in the area. Neuzil said that he’d like to add the 540th Street/Highway 1 intersection back into the Economic Development Plan because he doesn’t believe the County has road infrastructure in most of the areas in the plan. Neuzil said that the Board is identifying areas where they’d like to see growth and development, so if developers are interested in that area and are willing to help pay for infrastructure, then it will increase the identification process. He said that he believes that the plan was weakened when the Planning and Zoning Commission removed the Kalona Cheese Factory area and it should be added back. Lehman said that the Board may need to create a 5 Year Road Plan for intersections. He asked how the Board will choose how to prioritize these intersections, but said that once the County begins a project they need to finish it. Harney said that each location has issues and upgrades that need to be addressed including 540th Street, but those upgrades for that area are larger than just the intersection. He said that there are roads in the 5 Year Road Plan that are higher priorities than this at this time. Harney said that he believes 540th Street should remain in the plan.

Harney asked although the plan is to manage the unincorporated areas, these principals should be built into the fringe area agreements as well. Thompson said that the County doesn’t have fringe area agreements with unincorporated communities, but having this plan in place would encourage unincorporated areas to approach the Board, like Frytown did in the past. Assistant Planning and Zoning Administrator R.J. Moore said that in the fringe area agreements the County has with the cities, the fringe area growth areas are based on future projections of land uses and city growth. He said that if a company with the appropriate uses approached the Board with a proposal for an area in a fringe area, both the cities and the County would review it favorably. Harney said that he knows Planning and Zoning is addressing the issues, but it should be monitored more closely. Horne said that the 3 major cities were given copies of the proposed economic development plan. Harney replied that the smaller communities should be involved as well. Swartzendruber said that the proposal gives the County a reason to revisit the fringe area agreements and consider these ideas. Neuzil said that the fringe areas are many times where this type of development should occur because it would be closer to already existing infrastructure. Swartzendruber said that the Board may need to amend the plan to respond to the growth of the cities. Thompson asked if the Board should add the growth areas already designated within the fringe areas in the list of possible growth areas. Harney said that not all small towns have growth areas designated. Thompson replied that the proposal encourages those towns to come to the Board to create a plan. The Board agreed to add the areas with fringe area agreements to the list of possible growth areas. The Board agreed to reinstate the Kalona Cheese Factory area to the list of possible growth areas and keep the addition of Ely Road and the Frytown extension.

The Board decided to add an internal County Economic Development Committee to the list of strategies used to implement the proposal. Harney suggested leaving the 4th action strategy regarding performing economic development impact analyses for basic sector projects because the County can have ICAD complete those studies. Raso said that the County would only need to perform a few analyses a year and ICAD could perform them. The Board decide to keep the 4th action strategy in the plan. The Board decided to keep the added language regarding Industrial Revenue Bonds. Swartzendruber explained that the 6th action strategy regarding reviewing requirements for all industrial and commercial zoning classifications has already been completed, so the point could probably be removed. The Board decided to remove the item.

Harney asked if the Board should address funding for projects. Thompson replied that the proposal has several criteria for possible growth area projects in the unincorporated areas, so if a community development project arises in a city then the Board will have to apply the same criteria, which is not appropriate. Horne said that those projects fall under the strategic plan the Board adopted last summer. Planning and Zoning Administrator Rick Dvorak said that staff supports allocating the cost of the impact studies to the developers. Swartzendruber said that it can be included in the application form instead of in the proposal itself. Thompson said that it would be better to leave the Board’s options open. Harney said that he’d like to see the changes made before voting on the proposal itself. The Board decide to vote on the final draft at a later date.

Public Hearing closed and meeting adjourned to informal meeting at 8:12 p.m.

/s/Terrence Neuzil, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Casie Kadlec, Recording Secretary

These minutes were sent for publication on March 18, 2004 and formal approval on March 25, 2004.