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

Motion by Lehman, second by Stutsman, to approve the minutes of the formal meeting of April 1, 2004.

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

Motion by Harney, second by Stutsman, to approve and authorize the Chairperson to sign a Renewal Application for Class C Beer Permit and Application For Sunday Sales Privilege for Funcrest Bait and Tackle, Iowa City, as submitted by William Kallaus.

Motion by Lehman, second by Harney, to place on file the Clerk’s Report of Fees Collected for the month of March, 2004 in the amount of $9,398.52, as submitted by Clerk of District Court Lodema Berkley.

Convened Public Hearing on Zoning and Platting applications at 5:33 p.m.

Application Z04002 of Dennis Byrnes, Atalissa, Iowa, requesting rezoning of 1.13 acres from A1-Rural District to RS-Suburban Residential District of certain property described as Lot A of Ciha & Byrnes Addition, being in the NE 1/4 of Section 35, 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.).

Assistant Planning and Zoning Administrator R.J. Moore reported that the applicant has requested a one year deferral, but the County Attorney usually recommends deferrals of no longer than 6 months. Dennis Byrnes spoke in favor of the deferral. Stutsman, Lehman, and Thompson said that they were ready to take action on the application. Stutsman said that this is still a residential zoning and she doesn’t know if even in 6 months or a year it would be the most appropriate use of the land. Harney said that neighbors are concerned with damage to their field tiles. Byrnes said that there are 3 tiles that go through the roadway that he wouldn’t affect. Lehman said there hasn’t been a history of rezoning property in the area. He said that he doesn’t want to give any false hopes by granting a deferral. Thompson said that this is a residential zoning in an agricultural area and she will not support the application. Stutsman supported Byrnes efforts in looking at housing for those with disabilities but said that this is an agricultural area. Harney said that he would like to have had more information but will be supporting denial of the application. Neuzil said that he will be voting against denial of the application because he feels that the land will still be used for agricultural purposes, the road counts are low for the gravel surface, and the land is in the North Corridor.

Motion by Thompson, second by Stutsman, to deny Application Z04002. Roll call: aye: Harney, Stutsman, Lehman, Thompson; nay: Neuzil.

Application Z04003 of Twin County Dairy, Inc., c/o and signed by John Roetlin, Kalona, Iowa, requesting rezoning of 0.64 acres from C2-Commercial District to M1-Light Industrial District of certain property described as being in the SW 1/4 of Section 19, Township 78 North, Range 7 West of the 5th P.M., in Johnson County, Iowa (This property is located on the north side of 540th Street SW, approximately 250’ east of its intersection with Iowa Highway #1 SW in Sharon Twp.).

Glen Meisner of MMS Consultants, David Brown, attorney for the applicant, and John Roetlin spoke for the application. John Beasley, speaking on behalf of Nick Yutzy, spoke against the application.

Stutsman asked how long it will take to decrease the truck traffic. Meisner replied Roetlin needs to be operating by January 1, 2005. Thompson asked if, because of the expansion, there would be more finished product leaving the plant. Roetlin explained that the product will be dried instead of in a liquid form, which will decrease the number of trucks leaving the plant. He said that he isn’t presently anticipating an increase in cheese product leaving from the west side of the plant either. Lehman said that if the byproduct is lessened, then the finished product will increase. Roetlin replied that the cheese will not increase from the process, only from future demand. Lehman asked if there will be increased truck traffic coming from producing more cheese. Roetlin explained that the cooler would wrap around the eastside of the existing building, with the loading dock exiting onto the new exit to the north. Thompson asked when the cooler will happen. Roetlin explained that the cooler probably will not be built for another 5 years, but it is something they will have to add down the road. Stutsman asked where the trailers will go when they are loaded. Roetlin explained that they sit on the hill where the semi-trucks are currently parked for 4 days. He said that the trucks usually leave late afternoon on Highway 1. Roetlin said that the proposed new driveway will go onto Highway 1, not onto 540th Street. Harney asked if the trucks will continue to use the current driveway. Roetlin replied that they will not. He said that the cheese trucks will also follow a similar pattern and route as the byproduct trucks. Thompson and Lehman said that they might in 5 years. Roetlin said that the first phase is $10 million and the second would be several million as well, which is why they plan to wait approximately 5 years. Harney asked if this does anything to change the problem on Highway 1. Roetlin said that the problem does not change, no matter what they do, but if they move forward with the project the traffic direction will change.

Stutsman asked if the parking situation on 540th Street will be altered by this plan, because that’s the majority of the complaints she hears. Roetlin replied that the parking issue is due to the milk coming in, but it may get better by staging the trucks in a different area. Thompson asked if the number of trucks bringing in the milk will increase. Roetlin replied that they do not expect an increase in productivity. Thompson asked why Roetlin will spend $10 million on an upgrade if they cannot increase their output. Roetlin explained that they will be able to make a higher value byproduct based on the dehydration. He explained that currently a 50,000 pound tanker only has 10,000 pounds of solids, but the new process will allow the full 50,000 pounds because it will be a powder byproduct. Lehman said that it will still need to be hauled out and the direction will not change for 5 years. Roetlin said that the byproduct will begin to be hauled out on Highway 1 on January 1st 2005. Lehman clarified that the byproduct will go to Highway 1, but the rest of the traffic will stay on 540th Street. Roetlin agreed that is correct for the time being.

Stutsman asked why they are not willing to rezone the entire property. Meisner explained that this piece of land is its own parcel, has a separate title, and the building will fit within this piece of land. He said that Roetlin might have other uses for the other land that they’d prefer to have zoned as highway commercial. He said that rezoning the entire piece would require screening the entire north boundary of 3/8 of a mile, which would be a large expense. Thompson said that staff believes that the area needs turning lanes if the Board is going to consider future zonings and asked if Roetlin is planning to add the turning lanes. Meisner said that Roetlin is not because they are improving the amount of traffic on 540th Street. Thompson said that 540th already has twice the traffic count it should have. Meisner said he does not see how it is Roetlin’s responsibility if the dairy is not increasing traffic. Harney said that the Board has been receiving complaints about the refrigerated trucks running, but with the new process they will sit there for 4 days. Roetlin explained that all the trailers currently automatically monitor temperature, but that won’t increase. Stutsman asked what those trailers contain. Roetlin replied that there are 22 trailers that contain the cheese that sit on the hill before and after being loaded at the loading dock. He said that the new byproduct will be held in the warehouse until loaded in trailers and then leave immediately. Thompson asked if the driveway onto 540th Street will be closed after the first stage of the remodeling is finished. Roetlin replied that customers use that driveway to access the store but the 540th Street entrance traffic will decrease by 8 tractor trailers per day entering and exiting.

Stutsman asked if the County will inspect the new building. Assistant Planning and Zoning Administrator R.J. Moore replied that the building will be subject to the County’s building codes. Moore said that a building permit won’t be issued until the Board has done a site plan review, per Chapter 8.135. Moore said that part of those requirements prohibit access onto anything but a paved road, which they have discussed with Meisner and Roetlin. He said that’s why they recommended rezoning and replatting to take the accesses out to the north or it would be prohibited by the site plan review. Stutsman asked if this plan meets those requirements. Moore explained that by rezoning and replatting they would be in compliance with the Road Performance Standards and the site plan review requirements. He said that this plan does not accomplish this. Neuzil said that if the Board approves the rezoning, it would then not be eligible for a building permit based on the site plan review process. Moore explained that there is a caveat in the site plan ordinance that states that if the access is not onto a paved road, the applicant can work with the Board of Supervisors to reach an agreement for paying for improvements to the non-paved road. Meisner said that they are aware of these requirements but per his conversations with staff, they were told that if they rezoned the entire area, then the 540th access would no longer be a problem. He said that the property would still continue to abut 540th Street and that would not change. Thompson said that the entrance is needed for customers and the delivery of the raw product. Moore agreed. Thompson asked if this plan is substantially different that what the Commission saw. Moore replied that Meisner explained that changes well, adding only the proposed new building and cooler. Meisner said that some dairy employees park in front of the area zoned C2/M1. Roetlin said that they have no use for the land north of the proposed area for this project. He said that the easement allows them to access Highway 1, which is a hard surfaced road.

Stutsman asked why Moore would like the entire area rezoned. Moore replied that the Cheese Factory is a valuable resource for Johnson County, so anything the Board can do to facilitate the improvement of the business should be done. However, Moore explained, the County has problems in the area where the customers, employees, and semis currently park and the Board has the opportunity to resolve the issue. Moore explained that anything that can be done in a CH zone, can be done in a M1 zone, it just requires some expenditure on Roetlin’s part. Moore said that currently Roetlin is non-conforming because if this was bare property, the Board would not approve a site plan for the business as is because it would violate all the County’s ordinances. Moore said that he spoke with Roetlin about making it better and he understands Roetlin’s resistance. He said that Planning and Zoning’s priorities are 2 fold: 1) make sure the County’s ordinances and policies are followed and 2) seeing the dairy continue to be a great business. Stutsman said that Meisner mentioned that buffering was one of the big issues and the Board has made concessions on buffering in the past. Thompson asked why the new access could not be the driveway without rezoning the entire property. Moore replied that they would need to rezone and replat in order to eliminate the 540th Street access in order to be compliant with the Road Performance Standards and site plan review. Stutsman asked if that’s the only way to eliminate the access. Moore replied that they would have to replat. Thompson asked how the customers would enter the property if they eliminated that access. Moore replied that they would have the option to leave the Cheese Factory parcel out, then rezone and replat the new piece with the rest. Thompson said that the trucks would go in one driveway and out the other. Moore said that it is a problem. Thompson asked where the incoming product would come in. Moore said that they’d have to go in through the north and unload between the 2 buildings. Meisner said that the milk goes to the south side of the road. Stutsman clarified that by adding the addition there would no longer be any semis entering the front entrance by the store. Roetlin agreed, but added the milk trucks would still continue on the south side of 540th Street. Thompson asked what assurances the Board would have without eliminating the driveway. Roetlin said that the zoning comes right up to the old building because they need to keep the old process going until the new building is running. Stutsman asked what the parking area will be used for if semi traffic will no longer enter at that entrance. Roetlin said that although semis would enter from the north, they would be staged in the drive area.

Harney asked if Roetlin will be adding to the problem by storing semis in other areas and then backing them across 540th Street when loading. Brown said that in order to comply with the site plan regulations and the Road Performance Standards, there cannot be access to that parcel from the south. He said that Roetlin may be willing to gate off that access if need be. Moore replied that according to the site plan review process, he is correct. Stutsman said that she thought it would be a good idea to park the semis on the new parcel because she hears complaints of having semis parked up and down 540th Street. Brown replied that parking the semis there is what the dairy wants to do, but as he understands the current regulations do not to allow for that. He said that the new plant will not be accessed from 540th Street. He said that if there is a way to further alleviate the traffic situation by continuing to use a portion of that property to temporarily park trucks using the facility south of 540th Street, they’d be happy to consider those possibilities.

Harney said that he’s still not clear how Roetlin will store vehicles at the facility south of 540th Street. Stutsman said that complaints she hears are regarding the trucks lined up on 540th Street, waiting to unload milk at that facility. She said that she sees advantages in moving those semis off the road and into the parking area, but currently they cannot because the trucks picking up the byproducts are in the way. Stutsman said that since the byproduct trucks would be reduced, they would then have room to park the tankers unloading milk. She said that they’d still have to cross the Highway, but it would be more advantageous than having a great deal of semis parked along 540th Street. Neuzil said that by reducing the semis picking up the byproduct, it would allow more space, but the County’s site plan review process will not allow any vehicles access from 540th Street. Harney replied that they’re currently proposing to store vehicles in that area, but it is much safer to have semis parked along the side of the road than it is having them backing across the road to unload. Roetlin said that Stutsman is correct in her assessment. Stutsman said she would have to look at the area to really understand, but it could be done in a way so the trucks wouldn’t have to back across the road.

Stutsman said that her main concern is alleviating the traffic problem and she thinks this proposal would be a step in the right direction. She clarified a previous statement explaining that she would not support any new rezoning that would increase the traffic load, but in her mind this is an adjustment to a current zoning. She said that from what she’s heard, it would reduce traffic, which would help alleviate the concerns she has regarding the intersection. Stutsman said that she is not sure how they would be able to ensure that the land would be used as suggested. Moore explained that the Board can ensure in the site plan review that the parcel accesses Highway 1.

Harney said that if there are more semis accessing the property from Highway 1 and there will be semis backing in off Highway 1, then they will be adding to the problem on Highway 1. He said that what he’s said in the past is that he isn’t willing to add to the problem, so if Roetlin is willing get rid of the access and access the entire property from the new drive, he’d consider the zoning. Stutsman asked if that could be addressed in the site plan review. Moore replied that only the parcel in question can be addressed during the site plan review. Lehman said that the semi traffic would be moved to the current driveway of the old implement dealership, which would just relocate the traffic. He said that he’s concerned with the precedence this would set. Lehman asked the Board how they would then address Yutzy when he proposes to move his driveway to Highway 1 as well. He said that he wants to treat both applicants fairly, even though Yutzy’s application would be a bigger jump from agricultural to industrial/commercial than it would be for commercial to industrial.

Stutsman asked Beasley if Yutzy is still considering moving his business to that location. Beasley said that he is always considering all his options. Stutsman said that the Cheese Factory area is already zoned MI and could be sold. Beasley replied that he argued zoning classifications last time instead of specific use, but the Board did not agree. He said that by approving this application, the Board would be saying that industrial use is compatible in the area, which is what he argued with Yutzy’s application unsuccessfully.

Stutsman said that the Board approved an Economic Development Plan recently targeting this corner as an area for economic development and this application is an expansion of an existing business. Stutsman said she cannot walk away from a $10 million expansion that is appropriate at this intersection. She said that she voted to deny Yutzy’s application, but that would intensify the traffic situation and this project would start to modify those problems.

Motion by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z04003 on first and second consideration. Motion died for lack of a second.

Stutsman clarified that if the application is denied, Roetlin will not be able to build his building. Moore replied that is correct because Planning and Zoning feels the zoning is wrong. Stutsman asked what will happen with the Kraft contract. Roetlin replied that they will not get the contract. Meisner asked if there is anything they can do to accommodate the Board’s concerns. Harney said that he has 2 issues, 1) backing semis across 540th Street and 2) adding additional problems to traffic on Highway 1. Brown said that he does not believe they’re adding any new traffic to Highway 1 because they are reducing total traffic by 6.5 semis per day because they are currently coming in off Highway 1 and turning on 540th Street. He said that if the zoning is approved and the plan is built, instead of 8 trucks per day they will have 1.5 trucks per day accessing from the north off Highway 1 instead of turning onto 540th Street where there is a site distance problem. He said that the net result is a decrease of trucks on Highway 1 as well. Harney said that there would still be multiple problems created because there will be trucks backing in onto 540th Street and trucks turning off Highway 1 at another access. Meisner asked if the Board would be more willing to consider the application if they could eliminate the problem of trucks backing onto Highway 1. Harney replied that he would be more interested. Roetlin clarified that the Board would prefer to get rid of the loading dock now by building a temporary loading dock. The Board agreed. Roetlin replied that they could do that. Meisner replied that they could revamp the existing loading dock to exit the trucks to the north.

Thompson said that the Road Performance Standards state that there is too much traffic and Johnson County Council of Governments Executive Director Jeff Davidson has said that the intersection needs repairs. Stutsman said that they’re just talking about 2 semis. Thompson said that she understands that, but the amount of traffic doesn’t matter because changing the land use is the issue. She said that whether the traffic will increase or decrease, the Board has the opportunity to improve the situation. Thompson said that she is not willing to approve the application unless the driveway on 540th Street will be closed or turning lanes are added to the intersection. Lehman agreed and said that it is a fairness issue since they would be relocating the problem. He said that this application skirts the issue of addressing that intersection. Lehman said that even though it is a rezoning, this applicant should contribute to turning lane application in the future. Stutsman said that the Board should be prepared to consider the transfer station across the road again. Lehman said that the Yutzy application could also move the access in order to take the traffic away from the intersection and move it up the road. Stutsman asked Meisner if he would be willing to defer the application and bring in another site plan. Thompson reminded the Board that the Economic Development Committee recommended 540th Street be added to the 5-Year Road Plan, but the Board did not make that change. She said that further economic development cannot occur until improvements are made. Stutsman asked if the zoning can’t be considered then. Thompson said that it should not be. Harney said that it would reduce the number of trucks at that intersection. Thompson replied that they’re changing the use of the land. Neuzil said that an exception could be made as part of the site plan review.

Recessed at 7:12 p.m.; reconvened at 7:21 p.m.

Neuzil said that the Board asked the applicant to provide the Board with some further clarifications and work with Harney on his concerns. Brown said that although it was not part of the original application, if the trucks parking along Highway 1are a concern to the Board, they would be willing to make changes to that process as well as part of the application. He said that he hopes they addressed the concerns as to whether trucks are backing onto 540th Street because he doesn’t think they are. Brown said they would be happy to defer the item to provide more information to address those concerns or if the information provided is sufficient they would be willing to proceed. Harney asked if the current driveway accessing the loading dock will disappear. Brown replied that it is just a loading dock, which they access from the shoulder of Highway 1. He said that he is willing to move the loading dock in order to access it from the north instead. Roetlin said that they would chain it off to ensure the public cannot back into that area as well. Thompson said that the issue is 540th Street and the Road Performance Standards, but no one has said that the driveway would no longer be in place or the applicant would contribute to turning lanes.

Motion by Lehman, second by Thompson, to deny Application Z04003. Roll call: aye: Lehman, Thompson; nay: Harney, Stutsman, Neuzil.

Motion by Stutsman, second by Harney, to defer Application Z04003 until April 15, 2004 and continue the public hearing. Roll call: aye: Harney, Stutsman, Neuzil; nay: Lehman, Thompson.

Application S03038 of Dan Chadima (subdivider), Cedar Rapids, Iowa, and Claudia Dyal (owner), requesting preliminary and final plat approval of Cherry Ridge Subdivision, a subdivision described as being located in the NE 1/4, of the NE 1/4 of Section 2, Township 81 North, Range 8 West and the NW 1/4 of the NW 1/4 of Section 1, Township 81 North, Range 8 West of the 5th P.M. in Johnson County, Iowa (This is a 1-Lot, 3.50 acre, Farmstead Split located on the south side of Linn-Johnson Road NW, a 1/2 mile east of its intersection with Echo Avenue NW in Monroe Twp.).

Glen Meisner of MMS Consultants was present to answer questions.

Whereas, the owner has filed application S03038 for approval of a preliminary and final plat of Cherry Ridge 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.

3. This Resolution requires the recording of the following documents: A. Resolution & Documents: City Council Approval-Swisher; Owner’s Consent to Plat; Title Opinion; Certificate of Treasurer; Subdivider’s Agreement; Covenant Concerning Fences; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5)

Motion by Harney, second by Stutsman, to approve Resolution 04-08-04-Z1.

Application S04002 of Joe F. Bulechek, Iowa City, Iowa, signed by Douglas P. Frederick of Hart-Frederick Consultants, requesting preliminary and final plat approval of Bulechek 1st Addition, a subdivision described as being located in the SE 1/4 of the SE 1/4 of Section 4, Township 78 North, Range 5 West of the 5th P.M. in Johnson County, Iowa (This is a 1-Lot, 3.49 acre, Farmstead Split located on the north side of 480th Street SE, approximately 1 mile east of its intersection with Utah Avenue SE in Lincoln Twp.).

Whereas, the owner has filed application S04002 for approval of a preliminary and final plat of Bulechek 1st Addition, 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.

3l. This Resolution requires the recording of the following documents: A. Resolution & Documents: Owner’s Certificate & Statement of Consent; Attorney’s Opinion; Treasurer’s Certificate; Subdivider’s Agreement; Fence Agreement; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5)

Motion by Thompson, second by Harney, to approve Resolution 04-08-04-Z2.

Application S04008 of Lee M. Grabin and Adam M. Grabin (owners/subdividers), Oxford, Iowa, signed by Susan Benz of MMS Consultants, Inc., requesting preliminary and final plat approval of Southwest Windy Hills Subdivision, a subdivision described as being located in the SW 1/4 of Section 10, Township 80 North, Range 8 West of the 5th P.M., in Johnson County, Iowa (This is a 1-Lot, 2.83 acre, Farmstead Split located on the south side of 255th Street NW, approximately 1/2 mile east of its intersection with Upper Old Highway 6 NW in Oxford Twp.).

Whereas, the owner has filed application S04008 for approval of a preliminary and final plat of Southwest Windy Hills 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.

3. This Resolution requires the recording of the following documents:

A. Resolution & Documents: City Council Approval-Oxford; Certificate of Owner & Spouse; Title Opinion; Certificate of Treasurer; Subdivider’s Agreement; Covenant Concerning Fences; Consent to Platting by Mortgage Holder; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5)

Motion by Stutsman, second by Thompson, to approve Resolution 04-08-04-Z3.

Application S04011 of Full Moon Farms, LLC, c/o Alan Winn (owners/subdividers), Iowa City, Iowa, signed by Karyl Bohnsack for Alan Winn, requesting preliminary and final plat approval of Millard’s Sixth Subdivision (A Resubdivision of Lot 1, Millard Second Subdivision), a subdivision described as being located in the NW 1/4, of the NW 1/4 of Section 16, Township 81 North, Range 7 West of the 5th P.M., in Johnson County, Iowa (This is a 2-Lot, 3.44 acre, Residential Subdivision located on the east side of Highway #965 NW at its intersection with 140th Street NW in Jefferson Twp.).

Lehman asked if for the applicant to receive a building permit they will have to have an access on a road other than Highway 965. Moore agreed and said that the residential structure will have to have an access approved by Johnson County Secondary Roads.

Whereas, the owner has filed application S04011 for approval of a preliminary and final plat of Millard’s Sixth Subdivision, a Resubdivision of Lot 1 Millard Second 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.

3. This Resolution requires the recording of the following documents: A. Resolution & Documents: Owner’s Certificate & Consent; Opinion of Attorney; Treasurer’s Certificate; Subdivider’s Agreement; Consent of Mortgagee; Dust Control & Maintenance Agreement; With Oakridge Lake Estates Homeowner’s Association, Inc.; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5)

Motion by Harney, second by Stutsman, to approve Resolution 04-08-04-Z4.

Application S04012 of Lance Clemsen (applicant), Coralville, Iowa, and Denese Kromminga (owner/subdivider), signed by Lance Clemsen, requesting preliminary and final plat approval of Silver Creek Hill Third Addition (A Resubdivision of Silver Creek Hill Second Addition), a subdivision described as being located in the in the NW 1/4, of the NW 1/4 of Section 10, Township 80 North, Range 6 West of the 5th P.M., in Johnson County, Iowa (This is a 2-Lot, 59.11 acre, Residential Subdivision located on the south side of Sugar Bottom Road NE, approximately 1 mile west of its intersection with Poplar Avenue NE in Newport Twp.).

Whereas, the owner has filed application S04012 for approval of a preliminary and final plat of Silver Creek Hill Third Addition, a Resubdivision of Silver Creek Hill Second 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.

3. This Resolution requires the recording of the following documents: A. Resolution & Documents: Owner’s Certificate; Title Opinion; Treasurer’s Certificate; Subdividers Agreement; Mortagees Consent to Platting; Easement Agreement-Dust Control & Maintenance with Natural Woodlands Homeowner’s Association; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5)

Motion by Stutsman, second by Lehman, to approve Resolution 04-08-04-Z5.

Public Hearing closed at 7:43 p.m.

Motion by Lehman, second by Harney, to appoint to the Mental Health/Developmental Disabilities Targeted Case Management Advisory Board for 3 year terms Sally Stutsman, Gillian Fox, and Dion Williams; for 2 year terms Lowell Luhman and Betsy Riesz; and for one year terms Mick Bowers and Tammy Rowe.

Motion by Stutsman, second by Lehman, to approve the Quality Assurance/Financial Eligibility Specialist job description.

Motion by Stutsman, second by Thompson, to approve and authorize the Chairperson to sign the following contracts for right-of-way acquisition for a shoulder widening and pavement rehabilitation project on Wapsi Avenue, Johnson County Project STP-S-C052(54)--5E-52: Cleo L. Dodson and Shirley A. Dodson for $2,800; Terry Duwa a/k/a Terrance A. Duwa and Susan Trader Bockwoldt a/k/a Susan K. Duwa for $2,368.00.

Motion by Harney, second by Stutsman, to approve and authorize the Chairperson to sign a contract and contractor’s bond with Maxwell Construction, Inc. for Johnson County Project – National Guard Sanitary Sewer project for either Alternate 1 for $92,939.00, or Alternate 2 for $192,885.00.

Motion by Stutsman, second by Lehman, to approve and authorize the Chairperson to sign the Johnson County Secondary Road Five-year Construction Program for submittal to the Iowa Department of Transportation and the future projects list with the following change: move Sugar Bottom Road to the Future Projects List and the section of Newport Road slated for 2006 to 2007. Roll call: aye: Stutsman, Neuzil; nay: Harney, Lehman, Thompson.

Motion by Lehman, second by Thompson, to approve and authorize the Chairperson to sign the Johnson County Secondary Road Five-year Construction Program for submittal to the Iowa Department of Transportation and the future projects list as presented. Roll call: aye: Harney, Lehman, Thompson; nay: Stutsman, Neuzil.

Motion by Lehman, second by Thompson, to approve and authorize the Chairperson to sign the Johnson County Secondary Road budget for submittal to the Iowa Department of Transportation.

Motion by Stutsman, second by Lehman, to approve and authorize the Chairperson to sign the Health Insurance Portability and Accountability Act (HIPAA) compliance for Johnson County health care plan and approval of Notice of Privacy Practices.

Motion by Thompson, second by Harney, to approve and authorize the Chairperson to sign the Johnson County Employee Handbook Health Insurance Portability and Accountability Act (HIPAA) policy.

Whereas, Chapter 455B.302 of the Code of Iowa states that each city and county in this state shall provide for the establishment and operation of a comprehensive solid waste reduction program consistent with the adopted hierarchy of solid waste management (so stated in Chapter 455B.301A), and;

Whereas, Chapter 455B.302 of the Code of Iowa states that all cities and counties shall file with the Iowa Department of Natural Resources a comprehensive plan detailing the method by which those waste reduction and recycling program requirements will be met, and that plan shall be updated consistent with the rules of the Environmental Protection Commission, and;

Whereas, an update of the Regional Comprehensive Integrated Solid Waste Management Plan 2004-2010 has been prepared by the East Central Iowa Council of Governments, and the Johnson County Board of Supervisors will fulfill its planning requirement through its adoption, and;

Whereas, the Johnson County Board of Supervisors has participated in the preparation and review of the Regional Comprehensive Integrated Solid Waste Management Plan 2004-2010, and the Johnson County Board of Supervisors and the communities it serves are committed to the State of Iowa’s waste reduction and recycling goals;

Now therefore be it resolved that the Johnson County Board of Supervisors hereby adopts the East Central Iowa Council of Governments Regional Comprehensive Integrated Solid Waste Management Plan 2004-2010 and will make its best effort to put into action the implementation plan and schedule as presented in the plan.

Motion by Stutsman, second by Thompson, to approve Resolution 04-08-04-01.

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 and formal approval on April 15, 2004.